State v. Rubino

McKUSICK, Chief Justice.

In a jury trial in Superior Court (Andros-coggin County, Brodrick, J.), Salvatore Ru-bino was convicted of two counts of Class A gross sexual misconduct committed against his twin stepdaughters when they were under 14 years of age. 17-A M.R. S.A. § 253(1)(B) (Supp.1988). Through new counsel on appeal, Rubino contends that 1) a variance between the proof offered by the State and the charges in the indictment, as well as the Superior Court’s jury instruction on the subject, constitute reversible error; 2) the Superior Court erred in allowing the State to reopen a…