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PETITION OF THE STATE OF NEW HAMPSHIRE

No. 2005-226

908 A.2d 155 (2006)

PETITION OF THE STATE OF NEW HAMPSHIRE State v. Marcoux.

Supreme Court of New Hampshire.

Opinion Issued: August 23, 2006

Attorney(s) appearing for the Case

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

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

DUGGAN, J.

The State filed a petition for writ of certiorari, see Sup. Ct. R. 11, challenging a sentencing order of the Concord District Court (Boyle, J.). We vacate the sentence and remand.

The record supports the following facts. The defendant, Richard Marcoux, was tried on the charge of driving while intoxicated (DWI), based upon a complaint which alleged that he had previously been convicted of DWI.

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