STATE v. FOWLIE

No. 93-502.

138 N.H. 234 (1994)

THE STATE OF NEW HAMPSHIRE v. STEPHEN FOWLIE

Supreme Court of New Hampshire.

February 4, 1994.


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.

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


BATCHELDER, J.

The defendant, Stephen Fowlie, appeals the decision of the Superior Court (Arnold, J.), revoking his probation and imposing a previously deferred sentence of imprisonment. The revocation was based on the defendant's failure to comply with a condition of his sentence that he pay restitution. We vacate and remand.

In September 1992, the defendant pleaded guilty to first degree assault and was sentenced to one to three years incarceration...

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