State v. Lobozzo

CourtSupreme Judicial Court of Maine (US)
Writing for the CourtWATHEN, Chief Justice.
Citation719 A.2d 108,1998 ME 228
PartiesSTATE of Maine v. Kevin LOBOZZO.
Decision Date14 October 1998

719 A.2d 108
1998 ME 228

STATE of Maine
v.
Kevin LOBOZZO

Supreme Judicial Court of Maine.

Argued September 8, 1998.

Decided October 14, 1998.


719 A.2d 109
Stephanie Anderson, District Attorney, Julia A. Sheridan, Asst. Dist. Atty. (orally), Portland, for State

Paul F. Macri, Berman & Simmons (orally), Lewiston, for Defendant.

Before WATHEN, C.J., and CLIFFORD, RUDMAN, DANA, SAUFLEY, ALEXANDER, and CALKINS, JJ.

WATHEN, Chief Justice.

[¶ 1] Defendant Kevin Lobozzo appeals from judgments entered in the Superior Court (Cumberland County, Cole, J.) after a jury verdict finding him guilty of gross sexual assault (17-A M.R.S.A. § 253(1)(A) (Supp. 1997)), kidnapping (17-A M.R.S.A. § 301(1)(A)(3) (1983)), unlawful sexual contact (17-A M.R.S.A. § 255(1)(H) (Supp. 1997)), and assault (17-A M.R.S.A. § 207 (1983 & Supp.1997)). On appeal, defendant argues that the court erred in ruling on evidentiary issues, that the evidence was insufficient to support his convictions, and that the court erred in sentencing him. Finding no errors, we affirm the judgments.

[¶ 2] The facts presented at trial can be summarized as follows: The complaining witness, a thirty-four-year-old woman testified that on an afternoon in August 1996, she was introduced to defendant by a mutual acquaintance. They shared alcoholic beverages at an outdoor location frequented by homeless persons. As she prepared to leave with the mutual acquaintance, defendant attacked her from behind and pushed her to the ground. The mutual acquaintance presumably left the area, and defendant punched the witness in the face and dragged her several feet before ripping off items of her clothing. He then raped her numerous times over the course of approximately the next five hours.

[¶ 3] During the attack, defendant punched the witness repeatedly, pulled hair out of her head, and held her down with his hands and the weight of his body. He scraped her vagina with his fingernails and when she screamed he scraped harder. When she tried to call for help or escape, he punched her and bit her lip. At one point, defendant stood over the witness and urinated on her.

[¶ 4] As it began to get dark, in an attempt to escape, the witness pretended to befriend defendant, asking him if they could go to the store to buy beer and cigarettes. He agreed and as they walked to the store he pushed her down and raped her again. When they approached the store, the witness escaped by getting into a taxi cab. She was treated at a local hospital for serious injuries including a swollen lip and jaw, head swelling,

719 A.2d 110
multiple cuts on her back, legs, and vagina, a large bump on her sternum, and bruises and swelling on her inner thighs and vaginal area. The attending physician testified that in his approximately sixteen years of practicing emergency medicine, the witness's injuries were the worst he had ever seen resulting from a sexual assault

[¶ 5] At the hospital emergency room, the witness described her attacker and the location of the attack to police. The police returned to the scene of the attack and found defendant lying on the ground with the witness's bra near his head and her belongings scattered around the site. Defendant matched the description given by the witness.

[¶ 6] The jury convicted defendant on all four counts. The court sentenced defendant to concurrent sentences of forty years for gross sexual assault, forty years for kidnapping, ten years for unlawful sexual contact, and 364 days for assault....

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7 practice notes
  • State Of Me. v. Mitchell Jr., Docket No. Ken-09-443.
    • United States
    • Supreme Judicial Court of Maine (US)
    • 5 Agosto 2010
    ...(Me.1983); (3) the State's DNA evidence was properly admitted despite Mitchell's challenges to the chain of custody, see State v. Lobozzo, 1998 ME 228, ¶ 10, 719 A.2d 108, 110; State v. Poirier, 1997 ME 86, ¶ 4, 694 A.2d 448, 449; (4) the court did not abuse its discretion in admitting test......
  • State v. Drewry, Cum-07-199.
    • United States
    • Supreme Judicial Court of Maine (US)
    • 1 Mayo 2008
    ...break in the chain of custody may affect the weight that is assigned to evidence but does not affect its admissibility." State v. Lobozzo, 1998 ME 228, ¶ 10, 719 A.2d 108, E. Reimbursement of Counsel Fees [¶ 30] Drewry further contends that the court erred in ordering him to reimburse the c......
  • Cookson v. State , Docket No. Pen–10–147.
    • United States
    • Supreme Judicial Court of Maine (US)
    • 3 Mayo 2011
    ...from Maine and elsewhere discuss chain of custody only from the time an item comes into police possession. See, e.g., State v. Lobozzo, 1998 ME 228, ¶ 10, 719 A.2d 108, 110 (considering the chain of custody in terms of the collection of the evidence by police from the crime scene, transport......
  • State v. Sweet
    • United States
    • Supreme Judicial Court of Maine (US)
    • 31 Enero 2000
    ...the 65 years imposed on Poulin. The longest such sentence I have found in the reported cases is 40 years. See State v. Lobozzo, 1998 ME 228, ¶ 6, 719 A.2d 108, 110 (affirming sentences of 40 years on kidnapping and gross sexual assault and lesser sentences on unlawful sexual contact and ass......
  • Request a trial to view additional results
7 cases
  • State Of Me. v. Mitchell Jr., Docket No. Ken-09-443.
    • United States
    • Supreme Judicial Court of Maine (US)
    • 5 Agosto 2010
    ...(Me.1983); (3) the State's DNA evidence was properly admitted despite Mitchell's challenges to the chain of custody, see State v. Lobozzo, 1998 ME 228, ¶ 10, 719 A.2d 108, 110; State v. Poirier, 1997 ME 86, ¶ 4, 694 A.2d 448, 449; (4) the court did not abuse its discretion in admitting test......
  • State v. Drewry, Cum-07-199.
    • United States
    • Supreme Judicial Court of Maine (US)
    • 1 Mayo 2008
    ...break in the chain of custody may affect the weight that is assigned to evidence but does not affect its admissibility." State v. Lobozzo, 1998 ME 228, ¶ 10, 719 A.2d 108, E. Reimbursement of Counsel Fees [¶ 30] Drewry further contends that the court erred in ordering him to reimburse the c......
  • Cookson v. State , Docket No. Pen–10–147.
    • United States
    • Supreme Judicial Court of Maine (US)
    • 3 Mayo 2011
    ...from Maine and elsewhere discuss chain of custody only from the time an item comes into police possession. See, e.g., State v. Lobozzo, 1998 ME 228, ¶ 10, 719 A.2d 108, 110 (considering the chain of custody in terms of the collection of the evidence by police from the crime scene, transport......
  • State v. Sweet
    • United States
    • Supreme Judicial Court of Maine (US)
    • 31 Enero 2000
    ...the 65 years imposed on Poulin. The longest such sentence I have found in the reported cases is 40 years. See State v. Lobozzo, 1998 ME 228, ¶ 6, 719 A.2d 108, 110 (affirming sentences of 40 years on kidnapping and gross sexual assault and lesser sentences on unlawful sexual contact and ass......
  • Request a trial to view additional results

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