State v. Nutter

The defendant was convicted of possession of a controlled narcotic drug and sentenced to one and one-half to three years in the State Prison. He now appeals his sentence, asserting that the Superior Court (Gray, J.) erred in basing its sentencing decision, in part, on evidence that was admitted in the prosecution of a related charge, which was joined with the prosecution of the possession charge, and of which the defendant was acquitted. We affirm.

In May of 1989, the Rockingham County Grand Jury indicted the defendant on two drug-related charges: (1) possession of cocaine and *163(2) possession…