STATE v. BURGESS

No. 2006-871.

943 A.2d 727 (2008)

The STATE of New Hampshire v. John BURGESS.

Supreme Court of New Hampshire.

Opinion Issued: February 26, 2008.


Attorney(s) appearing for the Case

Kelly A. Ayotte, attorney general (Esther B. Piszczek, 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, John Burgess, was convicted by a jury of attempted escape, see RSA 629:1 (2007); RSA 642:6 (2007), and possessing an implement for escape, see RSA 642:7 (2007). The Superior Court (Lewis, J.) sentenced him to ten to thirty years in prison on each indictment, to be served concurrent with each other and consecutive to sentences the defendant already was serving. On appeal, the defendant argues that the trial court violated...

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