STATE v. SMITH

No. 2012-313.

86 A.3d 114 (2014)

The STATE of New Hampshire v. John A. SMITH

Supreme Court of New Hampshire.

Opinion Issued: January 28, 2014.


Attorney(s) appearing for the Case

Joseph A. Foster , attorney general ( Nicholas Cort , assistant attorney general, on the brief and orally), for the State.

Stephanie Hausman , senior assistant appellate defender, of Concord, on the brief and orally, for the defendant.


DALIANIS, C.J.

The defendant, John A. Smith, appeals the sentence imposed by the Superior Court (Fitzgerald, J.) following his conviction by a jury of receipt of stolen property. See RSA 637:7, :11, I(b) (2007). The sole issue for our review is whether the trial court committed plain error by imposing a felony-level sentence, see RSA 637:11, I(b), instead of a misdemeanor-level sentence, see RSA 637:11, III (2007), when the jury was not...

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