STATE v. HORNER

No. 2004-831

153 N.H. 306 (2006)

THE STATE OF NEW HAMPSHIRE v. PHILIP S. HORNER.

Supreme Court of New Hampshire

Opinion Issued: March 15, 2006


Attorney(s) appearing for the Case

Kelly A. Ayotte, attorney general (Katherine Cooper, assistant attorney general, on the brief and orally), for the State.

Michael J. Sheehan, of Concord, by brief and orally, for the defendant.


DALIANIS, J.

The defendant, Philip Horner, appeals an order of the Superior Court (Nadeau, J.) dismissing without a hearing his motion to suspend a portion of his sentence. We affirm.

The record reflects the following uncontested facts. In April 2000, the defendant was convicted by a jury on five counts of sexual assault pursuant to RSA 632-A:3, III (Supp. 2005). On each count, the trial court sentenced the defendant to three-and-one-half to seven years...

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