Reargued: October 25, 2018
Argued: July 18, 2018
J. Hainke, Esq. (orally), Hainke & Tash, Whitefield, for
appellant Travis R. Gerrier.
Maeghan Maloney, District Attorney, and Kristin Murray-James,
Asst. Dist. Atty. (orally), Prosecutorial District IV,
Augusta; and Janet T. Mills, Attorney General, and Leanne
Robbin, Asst. Atty. Gen. (orally), Office of the Attorney
General, Augusta, for appellee State of Maine.
SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and
Travis R. Gerrier appeals from a judgment of conviction of
gross sexual assault (Class A), 17-A M.R.S. § 253(1)(C)
(2017), unlawful sexual contact (Class B), 17-A M.R.S. §
255-A(1)(E-1) (2017), and furnishing liquor to a minor (Class
D), 28-A M.R.S. § 2081(1)(A)(1) (2017), entered by the
court (Kennebec County, Mullen, J.) after
conditional guilty pleas. Gerrier primarily challenges the
court's determination that he was competent to stand
trial. We affirm the judgment.
The following facts are drawn from the docket entries and the
court's findings set out in its competency order, which
are supported by the record, viewing the evidence in the
light most favorable to the State. See State v.
Gurney, 2012 ME 14, ¶ 2, 36 A.3d 893.
On June 12, 2015, Gerrier was charged by complaint with (1)
gross sexual assault (Class A), 17-A M.R.S. § 253(1)(C);
(2) unlawful sexual contact (Class B), 17-A M.RS. §
255-A(1)(E-1); and (3) furnishing liquor to a minor (Class
D), 28-A M.R.S. § 2081(1)(A)(1). He was arrested that
day and released on bail with conditions. Gerrier was
indicted on those charges on September 23,
Gerrier has had a long history of mental health issues and
treatment, and has limited cognitive and intellectual
abilities. At Gerrier's request, a competency evaluation
was conducted in October 2016. During the pendency of this
case, Gerrier also underwent psychological, psychosexual, and
neuropsychological evaluations. A competency hearing was held
on December 5, 2016, and on December 14, the court
(Mullen, J.) issued an order in which it determined
that Gerrier was competent to stand trial.
Gerrier ultimately entered conditional guilty pleas on all
three charges, preserving his right to appeal from the order
finding him to be competent and the order denying his motion
to suppress. See supra n.1. The court (Marden,
J.) sentenced Gerrier to a term of seven years for the
gross sexual assault charge followed by twenty years of
supervised release with conditions, and concurrent terms of
five years for the unlawful sexual contact charge and 364
days for the charge of furnishing liquor to a minor. Gerrier
timely appealed. See M.R.App. P. 2B(b)(1).
Gerrier argues that the court (Mullen, J.) erred
when it determined that he was competent to stand trial.
Before addressing Gerrier's arguments, we take this
opportunity to clarify Maine law regarding the burden of
proof and ...