State v. Lukas

The defendant, Robin Lukas, appeals a decision of the Superior Court (Lewis, J.) denying her motion to dismiss the indictment against her for theft by unauthorized taking, RSA 637:3 (2007), a class B felony under RSA 637:11, 11(b) (2007). We affirm.

The only issue on appeal is whether the defendant, having been twice previously convicted of a class A misdemeanor theft or felony theft in *694another state, may be charged with class B felony theft as a third offense under RSA 637:11, 11(b). This question requires us to engage in statutory interpretation, a question of law that we decide de novo.…