State v. Gubitosi

MEMORANDUM OPINION

Duggan, J.

The defendant, Steven Gubitosi, filed an emergency motion to void a capias issued by the Superior Court (Smukler, J.). We issued several orders, and write this opinion to explain them.

On October 28, 2005, we released an opinion affirming the defendant’s conviction for one count of stalking. See RSA 633:3-a, 1(a) (Supp. 2005). *80That same day, the superior court sua sponte issued the following order: “The supreme court this day having affirmed the defendant’s conviction, bail pending appeal is no longer appropriate. Accordingly, a capias is to issue. The defendant is…