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STATE v. GOODNOW

No. 93-483.

140 N.H. 38 (1995)

THE STATE OF NEW HAMPSHIRE v. PHILIP J. GOODNOW

Supreme Court of New Hampshire.

July 24, 1995.

Attorney(s) appearing for the Case

Jeffrey R. Howard, attorney general (Mark S. Zuckerman, assistant attorney general, on the brief and orally), for the State.

Albert E. Scherr, acting chief appellate defender, and Richard C. Guerriero, Jr., assistant appellate defender, of Concord (Mr. Scherr and Mr. Guerriero on the brief, and Mr. Guerriero orally), for the defendant.

BATCHELDER, J.

This is an interlocutory transfer by the Superior Court (Mangones, J.). The defendant, Philip J. Goodnow, moved to dismiss two charges of assault by a prisoner, RSA 642:9 (1986), on double jeopardy grounds after having served a sentence for direct criminal contempt stemming from the same conduct. The trial court denied his motion to dismiss, and the defendant moved to reconsider. The trial court treated the motion as a request for an interlocutory...

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