State v. Roy

Memorandum Opinion

BROCK, C.J.

The Superior Court (Dalianis, J.) denied the defendant’s petition for a sentence suspension without holding an evidentiary hearing. The defendant appeals. We affirm.

The defendant, Cleo Roy, pled guilty to second degree murder in 1976 and was sentenced to a term of fifty years to life in prison. See State v. Roy, 118 N.H. 2, 381 A.2d 1198 (1978); Roy v. Perrin, 122 N.H. 88, 441 A.2d 1151 (1982). In 1991, the defendant, who was serving his sentence in an Illinois prison, filed a pro se “motion for sentence modification,” treated by all parties as a petition to…