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IN RE JUVENILE 2004-822

No. 2004-822.

153 N.H. 115 (2005)

IN RE JUVENILE 2004-822.

Supreme Court of New Hampshire

Opinion Issued: December 30, 2005

Attorney(s) appearing for the Case

Kelly A. Ayotte, attorney general (Stephen D. Fuller, senior assistant attorney general, on the brief and orally), for the State.

Andrew Winters, assistant appellate defender, of Concord, on the brief and orally, for the juvenile.

NADEAU, J.

The juvenile appeals an order of the Rochester District Court (Cappiello, J.) sentencing him to a suspended jail term. He argues that: (1) RSA 169-B:19, III-c (Supp 2005) is unconstitutional because it establishes a system of juvenile jury trials that subjects juveniles to double jeopardy; and (2) that the trial court erred in imposing a suspended jail sentence because RSA 628:1 (Supp. 2005) precludes holding a person "criminally responsible" for...

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