Derosia v. Warden, N.H. State Prison

I disagree with the majority’s interpretation of RSA 637:11,11(b) (1996), and would hold that the crime of burglary cannot serve as a predicate conviction for purposes of that statute. RSA 637:11, 11(b) provides, in part, that a theft constitutes a class B felony if “[t]he actor has been twice before convicted of theft of property or services, as a felony or class A misdemeanor.” While not deciding whether burglary in its “generic sense” constitutes a predicate offense for penalty enhancement, the majority holds that the crime of burglary with the purpose to commit theft is the equivalent of…