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STATE v. GAUNTT

No. 2004-275

908 A.2d 771 (2006)

THE STATE OF NEW HAMPSHIRE v. CLYDE GAUNTT.

Supreme Court of New Hampshire.

Opinion Issued September 28, 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.

Theodore Lothstein, assistant appellate defender, of Concord, on the brief and orally, for the defendant.

BRODERICK, C.J.

The defendant, Clyde Gauntt, was convicted following a jury trial in Superior Court (McGuire, J.) of operating a motor vehicle while certified as a habitual offender. See RSA 262:23 (2004). He appeals his conviction, arguing that the trial court erred in denying his request for a jury instruction on the lesser-included offense of operating after revocation. We reverse and remand.

On September 14...

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