State v. Rix

The defendant, Michael D. Rix, pleaded guilty to driving a motor vehicle in violation of the habitual offender statute. See RSA 262:23, I (Supp. 2002). He was sentenced to five to ten years imprisonment. On appeal, he argues that the Superior Court {Mohl, J.) erred in sentencing him to an extended term of imprisonment pursuant to RSA 651:6, 11(a) (1996). We vacate the sentence and remand.

In 1984, the defendant was certified as a habitual offender. In January 2002, he was arrested in Rochester for driving his car in violation of his habitual offender status. After being indicted by the grand…