State v. Brackett

The issue in this case is whether a defendant who has been sentenced to jail for violating the conditions of his probation has a right of appeal to superior court. We hold that the defendant has no right to appeal but may seek review by petitioning for a writ of certiorari.

In December 1980, the defendant was convicted in the Jaffrey District Court of a misdemeanor, taking a motor vehicle without the consent of the owner. See RSA 263:82 (now codified at RSA 262:12). The court suspended his sentence of incarceration, placed him on probation for two years, and ordered him to pay $200 restitution…