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MAINE SUPREME JUDICIAL COURT                                                             Reporter of Decisions

Decision:       2004 ME 122

Docket:         Pen-04-129

Submitted

  On Briefs:   September 9, 2004

Decided:       September 27, 2004

 

Panel:            SAUFLEY, C.J., and CLIFFORD, RUDMAN, DANA, ALEXANDER, CALKINS, and LEVY, JJ.

 

 

 

 

 

STATE OF MAINE

 

v.

 

JOHN MARTIN

 

 

 

RUDMAN, J.

[¶1]  John Martin appeals from a judgment entered in the Superior Court (Penobscot County, Jabar, J.) convicting him of criminal threatening with a dangerous weapon (Class C), 17-A M.R.S.A. § 209(1) (1983).  Martin contends that the Superior Court erred in classifying the crime as a Class C crime and that the crime he was convicted of is designated by statute as a Class D crime.  We disagree and affirm the judgment of conviction.

         [¶2]  Martin asserts that there is no statutory authority for the court to adjudge him guilty of a Class C crime because the Criminal Code defines criminal threatening as a Class D crime.  He further contends that the statutes merely provide that the use of a dangerous weapon in committing a crime can enhance the sentence that may be imposed, but do not change the class of the crime.

         [¶3]   Section 4 of title 17‑A provides:

§ 4.  Classification of crimes in this Code

 

1.  Except for murder, all crimes defined by this Code are classified for purposes of sentencing as Class A, Class B, Class C, Class D and Class E crimes.

 

17-A M.R.S.A. § 4 (1983).

 

         [¶4]  Section 1252(4) of title 17‑A provides:

[I]f the State pleads and proves that a Class B, C, D, or E crime was committed with the use of a dangerous weapon then the sentencing class for such crime is one class higher than it would otherwise be.

 

 17‑A M.R.S.A. § 1252(4) (1983) (emphasis added).

 

         [¶5]  The legislative intent is clear.  The jury found Martin guilty of criminal threatening with a dangerous weapon.  Although criminal threatening by itself for purposes of sentencing would be a Class D crime, the sentencing class for the crime Martin committed is one class higher:  a Class C crime.

         The entry is:

Judgment affirmed.

                                                     

Attorneys for State:

 

R. Christopher Almy, District Attorney

C. Daniel Wood, Asst. Dist. Atty.

97 Hammond Street

Bangor, ME 04401

 

Attorney for defendant:

 

Steven J. Lyman, Esq.

96 Harlow Street

Bangor, ME 04401