State v. Clark

The defendant, Lewis Clark, pled guilty to one count of simple assault in Nashua District Court (Leary, J.). See RSA 631:2-a (1996). On appeal, he argues that the Trial Court (Bamberger, J.) erroneously denied his motion to discharge his bail after he received a deferred sentence. See RSA 597:1-a, IV (2001). We reverse and remand.

The facts are not in dispute. On November 19, 2002, the defendant pled guilty to one count of simple assault. See RSA 631:2-a. The court sentenced him to a six-month term of imprisonment, which it deferred for one year, to be suspended thereafter. As a condition of…