State v. Toto

The defendant appeals his conviction for unauthorized possession of a narcotic drug, RSA 318-B:2, I, :26 (Supp. 1981). We affirm the defendant’s conviction, vacate the sentence imposed, and remand.

On the morning of April 2, 1981, the defendant, Joseph Toto, took a cab to the Kwiki-Cab Station in Dover and attempted to purchase a bus ticket to Concord, New Hampshire. Soon after the defendant’s arrival at the cab station, the manager of the cab company called the Dover Police Department and reported that the defendant was acting suspiciously. At about nine in the morning, a Dover police officer…