WEBSTER v. POWELL, COMM'R

No. 92-753.

138 N.H. 36 (1993)

KEVIN WEBSTER v. RONALD L. POWELL, COMMISSIONER

Supreme Court of New Hampshire.

December 15, 1993.


Attorney(s) appearing for the Case

Jeffrey R. Howard, attorney general (John A. Curran, assistant attorney general, on the brief and orally), for the State.

Judith M. Kasper, assistant appellate defender, of Concord, by brief and orally, for the defendant.


BATCHELDER, J.

The petitioner, Kevin Webster, appeals from the Superior Court's (Groff, J.) denial of his petition for a writ of habeas corpus challenging his incarceration for a violation of probation. We reverse.

On January 8, 1988, the petitioner was sentenced contemporaneously on two indictments. On indictment 86-1105, charging sale of cocaine (the drug indictment), he was sentenced to twelve months at the house of correction followed by two years...

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