State v. Moran

I agree with the majority that the defendant’s argument regarding the ten-year construction prohibition was not preserved for appeal. I write separately, however, because I disagree that RSA chapter 651 (2007 & Supp. 2008) imposes no limit on the length of time the trial court may suspend a sentence.

“The constitution assigns to the legislature the power ... to fix the degree, extent and method for punishment.” Doe v. State, 114 N.H. 714, 718 (1974) (citing N.H. Const. pt. II, art. 5). “The statutory development of provisions for criminal sentences has confirmed the common-law power of the…