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STATE v. MCLELLAN

No. 2001-557.

149 N.H. 237 (2003)

THE STATE OF NEW HAMPSHIRE v. RONALD MCLELLAN

Supreme Court of New Hampshire.

Opinion Issued: March 14, 2003.

Attorney(s) appearing for the Case

Philip T. McLaughlin, attorney general (Karen E. Huntress, attorney, on the brief and orally), for the State.

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

BROCK, C.J.

The defendant, Ronald McLellan, was convicted of aggravated felonious sexual assault, see RSA 632-A:2, I(j)(1) (1996), and four counts of misdemeanor sexual assault, see RSA 632-A:4 (1996). He argues that the trial court found at his initial sentencing hearing that the State had failed to prove beyond a reasonable doubt that he had two prior aggravated felonious sexual assault convictions and that...

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