STATE v. RIX

No. 2003-006.

150 N.H. 131 (2003)

THE STATE OF NEW HAMPSHIRE v. MICHAEL D. RIX.

Supreme Court of New Hampshire.

Opinion Issued: October 10, 2003.


Attorney(s) appearing for the Case

Peter W. Heed, attorney general (Susan P. McGinnis, assistant attorney general, on the brief and orally), for the State.

David M. Rothstein, deputy chief appellate defender, of Concord, and Patrick W. Fleming, of Portsmouth (Mr. Rothstein on the brief, and Mr. Fleming orally), for the defendant.


BROCK, C.J.

The defendant, Michael D. Rix, pleaded guilty to driving a motor vehicle in violation of the habitual offender statute. See RSA 262:23, I (Supp. 2002). He was sentenced to five to ten years imprisonment. On appeal, he argues that the Superior Court (Mohl, J.) erred in sentencing him to an extended term of imprisonment pursuant to RSA 651:6, II(a) (1996). We vacate the sentence and remand.

In 1984, the defendant was certified as a...

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