STATE v. ZIDEL

No. 2006-549.

940 A.2d 255 (2008)

The STATE of New Hampshire v. Marshall ZIDEL.

Supreme Court of New Hampshire.

Opinion Issued: January 18, 2008.


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.


DUGGAN, J.

The defendant, Marshall Zidel, appeals his conviction on nine counts of possession of child pornography, see RSA 649-A:3 (2007), arguing that the Superior Court (Lewis, J.) erred in denying his motions to dismiss. We reverse.

The following facts were found by the trial court for purposes of ruling upon the defendant's pretrial motion to dismiss or were stipulated to by the parties. At the time he was arrested, the defendant worked...

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