State v. Rothe

The defendant, Jason Rothe, appeals the Hanover District Court’s (Daschbach, J.) sentencing order, which suspended his previously deferred sentence and placed him on probation. We vacate and remand for resentencing in accordance with this opinion.

The parties do not dispute the essential facts. The defendant pleaded nolo contendere to a misdemeanor offense of controlling a premises where a controlled drug is illegally kept. See RSA 318-B:26, 111(a) (1995). The district court entered a finding of guilty and sentenced the defendant to thirty days in the house of corrections, which was deferred…