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PETITION OF STATE OF N.H.

No. 2004-320.

152 N.H. 185 (2005)

PETITION OF THE STATE OF NEW HAMPSHIRE.

Supreme Court of New Hampshire.

Opinion Issued: May 9, 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.

Christopher M. Johnson, chief appellate defender, of Concord, on the brief, and David M. Rothstein, deputy chief appellate defender, on the brief and orally, for the defendant.

GALWAY, J.

The State of New Hampshire filed a petition for writ of certiorari challenging a decision of the Superior Court (T. Nadeau, J.) not to impose a mandatory life imprisonment sentence under RSA 632-A:10-a, III (Supp. 2004) upon the defendant, Jesse Labrie. We deny the petition.

The record supports the following facts. The State charged the defendant with thirteen counts of aggravated felonious sexual assault (AFSA) against three victims, all...

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