State v. Marcano

The defendant, Raul Marcano, was convicted after a jury trial in Superior Court (O’Neil, J.) as a drug enterprise leader under RSA 318-B:2, XII (Supp. 1993). On appeal, the defendant argues: (1) that the trial court erred in admitting a non-testifying co-conspirator’s guilty plea, acknowledgment of rights form, and conspiracy indictment as evidence against him; (2) that the penalty provisions of the drug enterprise leader (DEL) statute unconstitutionally chilled his right to a jury trial by requiring him to reach a sentencing agreement with the State or to receive a mandatory twenty-five-year…