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STATE v. MURRAY

No. 2005-304.

917 A.2d 203 (2006)

The STATE of New Hampshire v. James MURRAY.

Supreme Court of New Hampshire.

Opinion Issued: June 27, 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 defendant, James Murray, was convicted in Superior Court (Coffey, J.) of driving while certified as a habitual offender, see RSA 262:23 (Supp.2000), and driving while intoxicated, see RSA 265:82 (2004). He appeals, arguing that his second trial after a mistrial was barred by double jeopardy. We affirm.

The record reflects the following facts. On May 11, 2001, at around 11:00 p.m...

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