State v. Palermo

MEMORANDUM OPINION

GROFF, J.,

superior court justice, specially assigned under RSA 490:3. The defendant, Christopher Palermo, appeals from an order of the Superior Court (Morrill, J.) imposing his deferred sentence. We vacate and remand.

The record supports the following facts. In March 1997, the defendant pleaded guilty to the crimes of theft by unauthorized taking, see RSA 637:3 (1996), and criminal solicitation, see RSA 629:2 (1996). The Superior Court (Smith, J.) sentenced the defendant to the New Hampshire State Prison for one to two years on the theft by unauthorized taking charge, but…