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PETITION OF THE STATE OF NEW HAMPSHIRE (STATE v. LANGILLE)

No. 95-114.

139 N.H. 705 (1995)

PETITION OF THE STATE OF NEW HAMPSHIRE (State v. Langille)

Supreme Court of New Hampshire.

July 6, 1995.

Attorney(s) appearing for the Case

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

David M. Rothstein, assistant appellate defender, of Concord, by brief for the defendant, Russell Langille.

THAYER, J.

The State petitions for a writ of prohibition seeking to rescind a sentence imposed by the Superior Court (Groff, J.) on the ground that the court lacked the legal authority to order the sentence that it imposed. For the reasons that follow, we grant the State's petition.

The defendant, Russell Langille, was certified as an habitual offender in 1989 due in part to two prior convictions for driving while under the influence of controlled drugs...

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