PETITION OF EVANS

No. 2005-353, No. 2005-354

908 A.2d 796 (2006)

PETITION OF CHAD EVANS.

Supreme Court of New Hampshire.

Opinion Issued: September 6, 2006


Attorney(s) appearing for the Case

Kelly A. Ayotte, attorney general (N. William Delker, senior assistant attorney general, on the brief and orally), for the State.

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


DALIANIS, J.

The petitioner, Chad Evans, challenges the constitutionality of RSA 651:58 (Supp. 2005), which permits the State to seek sentence review, arguing that it violates the ex post facto, due process and double jeopardy protections of the New Hampshire Constitution and United States Constitution, and contravenes legislative intent. We deny the petition.

I. Background

The record supports the following...

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