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STATE v. TALLARD

No. 2001-700.

149 N.H. 183 (2003)

THE STATE OF NEW HAMPSHIRE v. HENRI PAUL TALLARD, JR.

Supreme Court of New Hampshire.

Opinion Issued: February 28, 2003.

Attorney(s) appearing for the Case

Philip T. McLaughlin, attorney general (Stephen D. Fuller, senior assistant attorney general, on the brief and orally), for the State.

David M. Rothstein, deputy chief appellate defender, of Concord, by brief and orally, for the defendant.

NADEAU, J.

The defendant, Henri Paul Tallard, Jr., appeals the Superior Court's (Smith, J.) denial of his motion to vacate, modify or amend his sentence on the ground that it is unconstitutional under the rule announced in Apprendi v. New Jersey, 530 U.S. 466 (2000). We affirm.

The following facts are supported by the record. After a jury trial in July 1996, the defendant was convicted of, among other things, assault...

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