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PETITION OF STATE OF N.H. (STATE v. CAMPBELL)

No. 2004-898.

152 N.H. 515 (2005)

PETITION OF THE STATE OF NEW HAMPSHIRE (State v. Campbell)

Supreme Court of New Hampshire.

Opinion Issued: August 12, 2005.

Attorney(s) appearing for the Case

Kelly A. Ayotte, attorney general (Nicholas Cort, assistant attorney general, on the brief and orally), for the State.

Green & Utter, P.A., of Manchester (Philip H. Utter on the brief and orally), for the defendant.

BRODERICK, C.J.

By petition for a writ of certiorari, the State of New Hampshire challenges a sentencing order of the Superior Court (Groff, J.). We grant the petition, vacate the sentence and remand.

The following facts are undisputed. The defendant, Michael P. Campbell, pled guilty to one count of operating a motor vehicle while certified as a habitual offender, see RSA 262:23 (2004), and was sentenced...

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