STATE v. MARCANO

No. 92-419.

138 N.H. 643 (1994)

THE STATE OF NEW HAMPSHIRE v. RAUL MARCANO

Supreme Court of New Hampshire.

July 11, 1994.


Attorney(s) appearing for the Case

Jeffrey R. Howard, attorney general (Susan G. Morrell, 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.


HORTON, J.

The defendant, Raul Marcano, was convicted after a jury trial in Superior Court (O'Neil, J.) as a drug enterprise leader under RSA 318-B:2, XII (Supp. 1993). On appeal, the defendant argues: (1) that the trial court erred in admitting a non-testifying coconspirator's guilty plea, acknowledgment of rights form, and conspiracy indictment as evidence against him; (2) that the penalty provisions of the drug enterprise leader (DEL) statute unconstitutionally...

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