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PETITION OF THE STATE OF NEW HAMPSHIRE

No. 2002-753.

150 N.H. 296 (2003)

PETITION OF THE STATE OF NEW HAMPSHIRE (Sentence Review Division).

Supreme Court of New Hampshire.

Opinion Issued: December 5, 2003.

Attorney(s) appearing for the Case

Peter W. Heed, attorney general (N. William Delker, senior assistant attorney general, on the brief and orally), for the State.

Landya McCafferty, assistant appellate defender, of Concord, on the brief and orally, for defendant Chad Evans.

Law Office of Joshua L. Gordon, of Concord (Joshua L. Gordon on the brief), for defendant Steven Summa.

Philip D. Cross, of Portsmouth, by brief, for defendant Allan Cullen.

DUGGAN, J.

In these cases consolidated for appeal, the petitioner, the State of New Hampshire, seeks a writ of certiorari challenging the jurisdiction of the sentence review division (division) to hear and decide constitutional claims. We grant the petition, vacate the orders of the division and remand.

The three defendants, Chad Evans, Steven Summa and Allan Cullen, were convicted of various felony offenses and sentenced to terms of incarceration in the State...

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