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STATE v. BREEST

No. 83-012.

124 N.H. 339 (1983)

THE STATE OF NEW HAMPSHIRE v. ROBERT BREEST.

Supreme Court of New Hampshire.

December 27, 1983.

Attorney(s) appearing for the Case

Gregory H. Smith, attorney general (John A. Malmberg, assistant attorney general, on the brief and orally), for the State.

Pizzimenti & Immen, of Concord (Dennis L. Pizzimenti on the brief and orally), for the defendant.

BROCK, J.

The defendant was convicted of first-degree murder on March 22, 1973, after a jury trial in the superior court. Pursuant to RSA 607:41-c (Supp. 1972) (repealed November 1, 1973), a hearing was then held by the sentencing judge to certify whether the murder was psycho-sexual in nature. The judge so certified, and accordingly sentenced the defendant to the term required by the statute—life imprisonment, with...

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