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State v. Collins

Supreme Judicial Court of Maine

May 7, 2015

STATE OF MAINE
v.
JONATHAN COLLINS

Argued April 10, 2015.

Judgment affirmed.

On the briefs:

Verne E. Paradie, Jr., Esq., Lewiston, for appellant Jonathan Collins.

Stephanie Anderson, District Attorney, and Jennifer F. Ackerman, Asst. Dist. Atty., Prosecutorial District No. Two, Portland, for appellee State of Maine.

At oral argument:

Verne E. Paradie, Jr., Esq., for appellant Jonathan Collins.

Jennifer F. Ackerman, Asst. Dist. Atty., for appellee State of Maine.

Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, and HJELM, JJ.

OPINION

Page 605

HJELM, J.

[¶1] Jonathan Collins appeals from an order of the trial court ( Moskowitz, J. ) amending the conditions of his probation to prohibit him from having contact with his minor son unless specifically permitted by the court. Collins argues that the amendment constituted an abuse of the trial court's discretion and improperly interfered with his constitutional parental rights. We affirm the order.

I. BACKGROUND

[¶2] The relevant facts are not in dispute. See State v. Russo, 2008 ME 31, ¶ 2, 942 A.2d 694. Collins was indicted on January 11, 2013, for two counts of unlawful sexual contact (Class A), 17-A M.R.S. § 255-A(1)(F-1) (2014), committed against his son and stepson. In June 2013, Collins pleaded guilty to two counts of misdemeanor assault (Class D), 17-A M.R.S. § 207(1)(A) (2014), and the State dismissed the two original charges. The court imposed a suspended sentence of 364 days to the Cumberland County Jail and one year of probation for each of the two assault counts, to be served consecutively. The conditions of probation prohibited Collins from having any contact with his stepson, and prohibited contact with his son " unless supervised by a [third] party non-family member or by ...


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