State v. Canney

This is an appeal from a conviction in the Superior Court {O’Neil, J.) based upon stipulated facts finding the defendant guilty of driving after having been certified as an habitual offender, RSA 262:19 (Supp. 1988); RSA 259:39 (Supp. 1988), and sentencing him to serve one year in the house of correction, RSA 262:23 (Supp. 1988). Although we have decided many cases involving the habitual offender statute, this case is the first involving a new procedure by which habitual offender certifications are made by the director of the division of motor vehicles, rather than by the superior court.…