State v. Cook

The defendant stands indicted for the felony of violating a court order that had declared him to be an habitual offender under the motor vehicle laws and had prohibited his operation of a motor vehicle. RSA 262:23. The Superior Court (DiClerico, J.) has transferred two questions raised by a motion to dismiss the indictment:(1) Is an habitual offender order valid if it rests upon an uncounselled conviction of a motor vehicle violation?(2) Is an indigent defendant entitled to appointed counsel at a hearing to determine whether he is an habitual offender?

*454We answer yes to the first question and…