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IN RE GUARDARRAMOS-CEPEDA

No. 2005-333.

904 A.2d 609 (2006)

In re Petition of Gregorio B. GUARDARRAMOS-CEPEDA.

Supreme Court of New Hampshire.

Opinion Issued: August 2, 2006.

Attorney(s) appearing for the Case

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

Kelly A. Ayotte, attorney general (Brian R. Graf, senior assistant attorney general, on the brief and orally) for the State.

GALWAY, J.

The petitioner, Gregorio B. Guardarramos-Cepeda, challenges the constitutionality of RSA 651:58, I (Supp.2005), which permits the State to seek sentence review, arguing that it violates the due process and double jeopardy protections of the New Hampshire Constitution. We deny the petition.

Following a jury trial, the petitioner was convicted of possession of five grams or more of heroin with the intent to sell and conspiracy to sell five grams or...

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