State v. Lemire

The parties have stipulated that the only issue in this case is whether RSA 651:57-61 (Supp. 1975), creating a sentence review division, precludes the superior court from considering the defendant’s petition to reduce his sentence as a petition for suspension of sentence under RSA 651:20, :21. We hold that the Court (Loughlin, J.) may consider the petition as one for the suspension of sentence under those sections.

The parties agree that the term of court at which the defendant was sentenced on June 21, 1973, having expired and he being now in the process of serving his sentence, the court’s…