State v. Kiewert

The defendant was convicted on two counts of burglary, RSA 635:1, II, for which he was sentenced to an extended term of imprisonment, RSA 651:6,1(c), and a shorter concurrent term. On appeal, he raises the following issues: (1) whether the Superior Court (Hollman, J.) erred in admitting a statement by an unavailable declarant to the declarant’s wife under the statement against penal interest exception to the hearsay rule; (2) whether the phrase “in excess of one year” contained in RSA 651:6,1(c) is meant to modify the word “sentences” or relates instead to the period of imprisonment; and (3)…