Argued April 7, 2015
On the briefs:
Scott F. Hess, Esq.,
Law Office of Scott F. Hess, LLC, Augusta, for appellant Mark Murphy.
Maeghan Maloney, District Attorney, and Fernand LaRochelle, Dep. Dist. Atty., Kennebec County District Attorney, Augusta, for appellee State of Maine.
At oral argument:
Scott F. Hess, Esq., for
appellant Mark Murphy.
Maeghan Maloney, District Attorney, for appellee State of Maine.
Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, and JABAR, JJ.
[¶1] Mark P. Murphy appeals from a judgment of conviction of elevated aggravated assault (Class A), 17-A M.R.S. § 208-B(1)(A) (2014); elevated aggravated assault (Class A), 17-A M.R.S. § 208-B(1)(B) (2014); and aggravated assault (Class B), 17-A M.R.S. § 208(1)(A) (2014), entered by the trial court ( Marden, J. ) after a jury-waived trial. Although Murphy raises several issues on appeal, we focus on his arguments that (1) the court erred by failing to ensure that he knowingly and voluntarily waived his right to testify on his own behalf, (2) the evidence presented at trial compelled a conclusion that he was not criminally responsible for his conduct, and (3) the court erred by sentencing him on duplicative criminal charges for the same conduct in violation of constitutional protections against double jeopardy. We vacate the judgment and remand to the trial court for consolidation of the three counts through entry of a single conviction, and for entry of a sentence on the single charge.
[¶2] " The following facts are drawn from the court's written judgment, as supported by the record, viewing the evidence in a light most favorable to the State . . . ." State v. Gurney, 2012 ME 14, P 2, 36 A.3d 893.
[¶3] Mark Murphy was involuntarily committed to Riverview Psychiatric Center (Riverview) in 2006. He was later diagnosed with schizoaffective disorder, post-traumatic stress disorder, personality ...