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STATE v. SHARKEY

No. 2006-085.

927 A.2d 519 (2007)

The STATE of New Hampshire v. Brian SHARKEY.

Supreme Court of New Hampshire.

Opinion Issued: July 13, 2007.

Attorney(s) appearing for the Case

Kelly A. Ayotte, attorney general (Ann M. Rice, associate attorney general, on the memorandum of law), for the State.

Law Office of Mark Stevens, of Salem (Mark Stevens on the brief), for the defendant.

GALWAY, J.

The defendant, Brian Sharkey, appeals an order of the Laconia District Court (Huot, J.) denying his motion to withdraw a guilty plea and vacate his conviction due to ineffective assistance of counsel. We reverse and remand.

The following facts are undisputed by the parties. In August 2004, the defendant pled guilty to, and was convicted of, driving under the influence of alcohol in violation of RSA 265:82 (2004). The defendant

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