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State v. Lyon

Supreme Judicial Court of Maine

January 26, 2016

STATE OF MAINE
v.
TRAVIS L. LYON

         Submitted on Briefs November 19, 2015.

          On the briefs: Walter F. McKee, Esq., and James A. Billings, Esq., McKee Billings, LLC, P.A., Augusta for appellant Travis L. Lyon.

         Maeghan Maloney, District Attorney, and David M. Spencer, Asst. Dist. Atty., Prosecutorial District IV, Augusta, for appellee State of Maine.

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

          OPINION

Page 919

          HJELM, J.

          [¶1] Travis L. Lyon appeals from a judgment of conviction entered in the trial court (Kennebec County, Murphy, J. ) after a jury found him guilty of one count of unlawful sexual contact (Class B), 17-A M.R.S. § 255-A(1)(E-1) (2015), and two counts of unlawful sexual contact (Class C), 17-A M.R.S. § 255-A(1)(M) (2015). On appeal, Lyon challenges only his conviction on the Class B charge alleged in Count 1, arguing that the conviction should be vacated because the proof at trial varied from the dates alleged in the indictment, thereby exposing him to the risk of double jeopardy.[1] We affirm the judgment.

         I. BACKGROUND

          [¶2] In February 2014, Lyon was indicted for three crimes covering three different periods of time: in Count 1, unlawful sexual contact (Class B), 17-A M.R.S. § 255-A(1)(E-1), with an alleged offense date of " [o]n or about between March 3, 2011 and March 3, 2012" ; in Count 2, unlawful sexual contact (Class C), id. § 255-A(1)(M), with an alleged offense date of " [o]n or about between March 4, 2012 and March 3, 2013" ; and in Count 3, unlawful sexual contact (Class C), id., with an alleged offense date of " [b]etween March 4, 2013 and August 5, 2013." The same person is identified as the victim in each count. Lyon pleaded not guilty to the charges, and a two-day jury trial was held in October 2014.

          [¶3] As an element of Count 1, the State was required to prove beyond a reasonable doubt that at the time of the offense, the victim was younger than twelve years old. The undisputed evidence presented at trial established that the victim was born on March 30, 2000, and that she therefore turned twelve on March 30, 2012. At trial, the victim testified that she was " around" eleven the first time that Lyon subjected her to sexual contact, which constituted the basis for the charge in Count 1. Other evidence would have warranted a finding by the jury that the crime alleged

Page 920

in Count 1 occurred no later than August 2010, when the victim was ten years old.

          [¶4] On October 28, 2014, the jury returned guilty verdicts on all three counts of unlawful sexual contact. In March 2015, the court sentenced Lyon on Count 1 to a prison term of ten years, with all but eight years suspended and twelve years of probation. On Counts 2 and 3, the court imposed fully suspended prison terms of four years, to be followed by two years of probation. The court ordered that the three sentences were to be served consecutively. Lyon timely appealed the judgment of conviction pursuant to 15 M.R.S. § 2115 (2015) and M.R. App. P. 2(b)(2)(A).

         II. ...


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