BRODERICK, C.J.
The defendant, Daniel Barnes, appeals his conviction, after a jury trial in the Superior Court (McHugh, J.), on one count of driving after certification as a habitual offender, see RSA 262:23 (1993) (amended 2000, 2001, 2003). We vacate and remand.
The record supports the following facts. On March 3, 1999, two men, apparently intoxicated, attempted to buy beer at a convenience store in Seabrook and were refused service. Thereafter...
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