State v. Porter

After a jury trial in the Superior Court (Smukler, J.), the defendant, Gary Porter, was convicted of kidnapping, see RSA 633:1, I (1996), and aggravated felonious sexual assault, see RSA 632-A:2, 1(a) (1996). The court sentenced the defendant to extended terms of incarceration based on his prior convictions. See RSA 651:6, 1(c) (1996) (amended 1998). We affirm the defendant’s convictions but vacate his sentences and remand for resentencing.

The evidence presented at trial would support the following factual findings. The defendant and the victim met in September 1995, and soon thereafter began…