STATE v. GIBSON

No. 99-115.

146 N.H. 462 (2001)

THE STATE OF NEW HAMPSHIRE v. JAMES GIBSON

Supreme Court of New Hampshire.

June 1, 2001.


Attorney(s) appearing for the Case

Philip T. McLaughlin, attorney general (Ann M. Rice, senior assistant attorney general, on the brief, and Nicholas Cort, assistant attorney general, orally), for the State.

James E. Duggan, chief appellate defender, and David M. Rothstein, assistant appellate defender, of Concord (Mr. Duggan on the brief, and Mr. Rothstein orally), for the defendant.


BROCK, C.J.

The defendant, James Gibson, appeals a finding of the Superior Court (Fitzgerald, J.) that he: (1) violated condition 1 of his probation by lying to his probation officer; and (2) violated condition 12C of his probation because he did not satisfactorily participate in sex offender counseling. We affirm in part, reverse in part, vacate, and remand for resentencing.

The following facts appear in the record. In November 1994, the defendant...

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