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STATE v. LANDRY

No. 87-423.

131 N.H. 65 (1988)

THE STATE OF NEW HAMPSHIRE v. THOMAS LANDRY

Supreme Court of New Hampshire.

October 31, 1988.

Attorney(s) appearing for the Case

Stephen E. Merrill, attorney general (Tina Schneider, assistant attorney general, on the brief and orally), for the State.

Hampe & McNicholas, of Concord (Richard A. Hampe on the brief and orally), for the defendant.

BROCK, C.J.

The defendant appeals his sentence, imposed by the Superior Court (DiClerico, J.) after a trial de novo for driving while under the influence, second offense, which was substantially more severe than the sentence imposed in the district court. Because we conclude that sentencing is a matter for the exercise of sound discretion by trial judges, we abandon the rule announced in State v. Wheeler, 120 N.H. 496<...

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