DEROSIA v. WARDEN, N.H. STATE PRISON

No. 2002-553.

149 N.H. 579 (2003)

LEO A. DEROSIA v. WARDEN, N.H. STATE PRISON

Supreme Court of New Hampshire.

Opinion Issued: June 9, 2003.


Attorney(s) appearing for the Case

Peter W. Heed, attorney general (Nicholas Cort, assistant attorney general, on the brief), for the State.

Michael J. Sheehan, of Concord, by brief, for the defendant.


BROCK, C.J.

The petitioner, Leo Derosia, appeals the Superior Court's (Smukler, J.) denial of his petition for writ of habeas corpus, arguing that his prior burglary conviction cannot serve as a predicate theft conviction for the purpose of triggering the enhanced penalty provision of RSA 637:11, II(b) (1996). We affirm.

The petitioner was convicted of one count of receiving stolen property. See RSA 637:7 (1996) (amended 2001). Relying in part...

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