State v. Marcoux

The State filed a petition for writ of certiorari, see SUP. CT. R. 11, challenging a sentencing order of the Concord District Court (Boyle, J.). We vacate the sentence and remand.

The record supports the following facts. The defendant, Richard Marcoux, was tried on the charge of driving while intoxicated (DWI), based upon a complaint which alleged that he had previously been convicted of DWI. See RSA 265:82,1 (2004) (repealed 2006); RSA 265:82-b, II (Supp. 2004) (amended 2004, 2005, and 2006; repealed 2006). On February 7, 2005, the trial court found the defendant guilty of DWI, and asked the…