Legal Opinion

Petition of State

Supreme Court of New Hampshire

Decided December 4, 2009No. 2009-002PublishedCited by 6 opinions

1Opinion of the CourtDalianis, J.

In this petition for a writ of certiorari, the State challenges the sentence imposed by the Exeter District Court (Cullen, J.) upon the respondent, James Milner, for driving a motor vehicle while his license was revoked. See RSA 263:64 (Supp. 2008) (amended 2008). The State asserts that the trial court erred because it did not impose the minimum seven-day jail sentence mandated by RSA 263:64, IV. We vacate the sentence and remand for resentencing.

In 1991, the respondent was convicted of driving while intoxicated (DWI) for which his driver’s license was revoked. See RSA 265:82 (1993) (amended…

2Cases cited6 opinions

  1. Franklin v. Town of NewportSupreme Court of New Hampshire · 2004
  2. Winnacunnet Cooperative School District v. Town of SeabrookSupreme Court of New Hampshire · 2002
  3. In RE STATE (STATE v. JohansonSupreme Court of New Hampshire · 2007
  4. In re Ann Miles Builder, Inc.Supreme Court of New Hampshire · 2003
  5. State v. CallahanSupreme Court of New Hampshire · 1985

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3Cited by6 opinions

  1. State v. ThielSupreme Court of New Hampshire · 2010
  2. State v. BurkeSupreme Court of New Hampshire · 2011
  3. State v. Timothy BobolaSupreme Court of New Hampshire · 2016
  4. Smith v. City of FranklinSupreme Court of New Hampshire · 2010
  5. Jeehye Jung v. El Tinieblo International, Inc.Court of Chancery of Delaware · 2022

1 more not listed; retrieve them via the Exa API.

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