STATE v. O'BRIEN

No. 88-377

132 N.H. 587 (1989)

THE STATE OF NEW HAMPSHIRE v. MARTIN O'BRIEN

Supreme Court of New Hampshire.

December 29, 1989


Attorney(s) appearing for the Case

John P. Arnold, attorney general (Mark E. Howard, attorney, on the brief, and Tina Schneider, assistant attorney general, orally), for the State.

James E. Duggan, chief appellate defender, of Concord, by brief and orally, for the defendant.


THAYER, J.

After a bench trial in the Superior Court (DiClerico, J.), the defendant, Martin O'Brien, was convicted of driving a motor vehicle on the ways of this State while an habitual offender. RSA 262:23 (1982) (current version at Supp. 1988). He was sentenced to the minimum mandatory term of imprisonment required by statute, twelve months in the house of correction, but was granted weekly work release. The sentence was stayed pending this appeal, in which...

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