Kiluk v. Potter

JOHNSON, j.

This is an interlocutory appeal from the Superior Court {Dunn, J.), which was transferred without a ruling pursuant to Supreme Court Rule 9. The defendant was charged under two complaints of simple assault. The issue presented is whether the imposition of a prison sentence by the Concord District Court {Sullivan, J.) in excess of one year pursuant to the extended terms of imprisonment statute, RSA 651:6, exceeded the court’s jurisdictional authority under the New Hampshire Constitution, part II, article 77. We answer the question in the affirmative and remand for proper sentencing.

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