STATE v. STICKNEY

No. 2001-144.

148 N.H. 232 (2002)

THE STATE OF NEW HAMPSHIRE v. PATRICK STICKNEY

Supreme Court of New Hampshire.

Opinion Issued: August 19, 2002.


Attorney(s) appearing for the Case

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

Law Offices of Robert J. Moses, of Amherst (Robert J. Moses on the brief and orally), for the defendant.


BROCK, C.J.

The defendant, Patrick Stickney, appeals his conviction for driving after having been certified as a habitual offender. See RSA 262:23 (1993) (amended 2000, 2001). The defendant argues that the trial judge erred by: (1) improperly amending the indictment by not treating proof of a prior conviction as an element of the crime; (2) failing to charge the jury that the prior conviction must be proved beyond a reasonable doubt as an element of the crime...

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