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STATE v. SMITH

No. 2004-595

908 A.2d 786 (2006)

THE STATE OF NEW HAMPSHIRE v. MICHAEL J. SMITH.

Supreme Court of New Hampshire.

Opinion Issued: August 23, 2006

Attorney(s) appearing for the Case

Kelly A. Ayotte, attorney general (Edith L. Pacillo, attorney, on the memorandum of law and orally), for the State.

Douglas, Leonard & Garvey, P.C., of Concord (Richard J. Lehmann on the brief and orally), for the defendant.

HICKS, J.

The defendant, Michael J. Smith, appeals his conviction of five counts of possession of a controlled substance, see RSA 318-B:2, I (2004), following a bench trial in Superior Court (O'Neill, J.). We affirm.

The record supports the following relevant facts. On December 10, 2002, Ossipee Police Officers Shackford and King were driving on Route 113 in Madison when they came upon a car operating erratically...

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