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STATE v. ROLLINS-ERCOLINO

Nos. 2001-607, 2002-143.

149 N.H. 336 (2003)

THE STATE OF NEW HAMPSHIRE v. TRACIE ROLLINS-ERCOLINO THE STATE OF NEW HAMPSHIRE v. HILARY KULUNIS

Supreme Court of New Hampshire.

Opinion Issued: April 18, 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.

Moir & Brodich, PA, of Concord (James H. Moir on the brief and orally), for the defendant, Tracie Rollins-Ercolino.

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

NADEAU, J.

We consolidated these cases to answer recurring questions about the validity of our vehicular assault statute, RSA 265:79-a (Supp. 2002), which provides:

Any person who, without intent, causes death or serious bodily injury as defined in RSA 625:11, VI to another while using a vessel or propelled vehicle as defined in RSA 637:9, III shall be guilty of a class A misdemeanor, where such person's unlawful operation of the propelled vehicle or vessel...

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