STATE v. RAU

No. 85-566.

129 N.H. 126 (1987)

THE STATE OF NEW HAMPSHIRE v. JURGEN RAU

Supreme Court of New Hampshire.

March 5, 1987.


Attorney(s) appearing for the Case

Stephen E. Merrill, attorney general (Barbara R. Keshen, assistant attorney general, on the brief and orally), for the State.

Joanne Green, assistant appellate defender, of Concord, by brief and orally, for the defendant.


THAYER, J.

This case is an appeal from a finding that the defendant was in violation of his probation, resulting in the imposition of a portion of a previously suspended term of incarceration. We reverse.

On November 29, 1982, the defendant, Jurgen Rau, pleaded guilty to burglary and theft by unauthorized taking in violation of RSA 635:1 and 637:3, respectively, and was sentenced on that date to serve twelve months at the Cheshire County House of Correction...

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