State of New Hampshire v. Barion Perry

The defendant, Barion Perry, appeals his convictions following a trial in Superior Court (Kissinger, J.) for theft by unauthorized taking, RSA 637:3 (2007), and burglary, RSA 635:1 (2007), arguing that the Superior Court (Nicolosi, J.) erred in denying his motion to dismiss the indictments against him on double jeopardy grounds. We affirm.

The record supports the following facts. Detectives interviewed the defendant following his arrest for theft and burglary. The interview was recorded. Prior to the defendant’s first trial, counsel for the defendant and the State agreed that certain…