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PETITION OF STATE

No. 2009-002.

986 A.2d 592 (2009)

PETITION OF the STATE of New Hampshire (State v. James Milner).

Supreme Court of New Hampshire.

Opinion Issued: December 4, 2009.

Attorney(s) appearing for the Case

Orville B. Fitch, II, acting attorney general (Diana E. Fenton, assistant attorney general, on the brief), for the petitioner.

James Milner, pro se, filed no brief.

DALIANIS, J.

In this petition for a writ of certiorari, the State challenges the sentence imposed by the Exeter District Court (Cullen, J.) upon the respondent, James Milner, for driving a motor vehicle while his license was revoked. See RSA 263:64 (Supp.2008) (amended 2008). The State asserts that the trial court erred because it did not impose the minimum seven-day jail sentence mandated by RSA 263:64, IV. We vacate the sentence and remand for resentencing...

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