State of Maine v. Vaughn Nastvogel

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Panel:    SAUFLEY, C.J., and CLIFFORD, RUDMAN, DANA, ALEXANDER, CALKINS, and LEVY, JJ.

STATE OF MAINE

v.

VAUGHN NASTVOGEL

RUDMAN, J.

            [¶1]  Vaughn Nastvogel appeals from the entry of judgments in the Superior Court (Lincoln County, Warren, J.), after a jury trial finding him guilty of two counts of stalking, 17-A M.R.S.A § 210-A(1)(B) (Supp. 2001), repealed by P.L. 2001, ch. 383, § 12 (effective Jan. 31, 2003) (Class C),  and one count of harassment, 17-A M.R.S.A § 506-A(1) (Supp. 2001), repealed and replaced by P.L. 2001, ch. 383, § 66 (effective Jan. 31, 2003) (Class E).  Nastvogel argues that the court erred by allowing the State to proceed on elevated Class C stalking charges and that the harassment statute is void for vagueness.  We disagree and affirm the judgments.

I.  CASE HISTORY

            [¶2]  Sometime in December 2000, Vaughn Nastvogel met the complainant in the paint section of Poole Brothers Lumber hardware store in Damariscotta.  Within the next month, Nastvogel sent the complainant flowers and followed up with a forty-five minute telephone call.  During the next few days they spent time together and over the following weekend the friendship developed into a sexual relationship.  The complainant hired Nastvogel to perform repairs to her house.  After Nastvogel revealed his criminal history and probation to the complainant, she attempted to break off the relationship. [1]

            [¶3]  Nonetheless, Nastvogel and the complainant continued their sexual relationship through early March, when the complainant finally told him "I can't see you anymore."  Over the next three weeks, Nastvogel persisted with repeated telephone calls despite the complainant's objections, often calling her cellular telephone several times a day.  The complainant threatened to call Nastvogel's probation officer, but he still called her.  Finally, the complainant secured a protection from harassment order.  Immediately after the deputy sheriff served Nastvogel with the order, Nastvogel called the complainant, asking "why she was that upset."  The complainant reported the call to the deputy who placed Nastvogel under arrest for violating the harassment order.

            [¶4]  After the hearing on the State's successful motion to revoke Nastvogel's probation, Nastvogel returned to jail and called the complainant, reaching her on her cellular telephone.  Nastvogel also continued to attempt to place collect telephone calls to the complainant.

            [¶5]  Nastvogel was indicted on two counts of stalking, 17-A M.R.S.A. § 210-A(1) (Class C) [2] and two counts of harassment, 17-A M.R.S.A. § 506