Legal Opinion

State v. Landry

Supreme Court of New Hampshire

Decided October 31, 1988No. 87-423PublishedCited by 6 opinions

1Opinion of the CourtBrock, C.J.

The defendant appeals his sentence, imposed by the Superior Court {DiClerico, J.) after a trial de novo for driving while under the influence, second offense, which was substantially more severe than the sentence imposed in the district court. Because we conclude that sentencing is a matter for the exercise of sound discretion by trial judges, we abandon the rule announced in State v. Wheeler, 120 N.H. 496, 416 A.2d 1384 (1980) and now hold that trial judges need not explain a sentence increase after a trial de novo. We therefore affirm.

The defendant was tried and found guilty of DWI, second…

2Cases cited10 opinions

  1. Blackledge v. PerrySupreme Court of the United States · 1974
  2. Colten v. KentuckySupreme Court of the United States · 1972
  3. Corso v. MerrillSupreme Court of New Hampshire · 1979
  4. State v. WentworthSupreme Court of New Hampshire · 1978
  5. State v. WheelerSupreme Court of New Hampshire · 1980

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3Cited by6 opinions

  1. State v. AbramSupreme Court of New Hampshire · 2008
  2. State v. LavoieSupreme Court of New Hampshire · 2005
  3. State v. SteedSupreme Court of New Hampshire · 1995
  4. State v. DahoodSupreme Court of New Hampshire · 1999
  5. State v. MeissnerSupreme Court of New Hampshire · 1999

1 more not listed; retrieve them via the Exa API.

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