Hammell v. Warden

HORTON, J.,

retired, specially assigned under RSA 490:3. The petitioner, Michael Hammell, appeals the denial by the Superior Court (Smukler, J.) of his petition for writ of habeas corpus. We affirm.

The trial court found the following facts, which are not disputed on appeal. The petitioner was arrested on April 27, 1996, and later charged in district court with driving while intoxicated, subsequent offense, see RSA 265:82 (1993 & Supp. 2000), and driving after being certified a habitual offender, see RSA 262:23 (Supp. 2000). The petitioner was bound over to the superior court and indicted on…