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STATE v. MARTEL

No. 83-089.

124 N.H. 544 (1984)

THE STATE OF NEW HAMPSHIRE v. KEVIN P. MARTEL

Supreme Court of New Hampshire.

February 23, 1984.

Attorney(s) appearing for the Case

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

Kozlowski & Gauthier, of Nashua (Robert M. Parodi on the brief), by brief for the defendant.

MEMORANDUM OPINION

In this interlocutory transfer without ruling, the Nashua District Court (Harkaway, J.), transferred the following question pursuant to Rule 9:

"Whether . . . the offense of Operating [While Under the Influence of Intoxicating Liquor] is so different from the offense of Driving [While Under the Influence of Intoxicating Liquor] that the first offense of Operating may not be used as a first offense conviction...

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