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STATE v. GILLEY

No. 2014-0378.

124 A.3d 683 (2015)

The STATE of New Hampshire, v. Shawn GILLEY.

Supreme Court of New Hampshire.

Opinion Issued: September 22, 2015.

Attorney(s) appearing for the Case

Joseph A. Foster , attorney general ( Stacey R. Kaelin , assistant attorney general, on the brief and orally), for the State.

Sarah E. Newhall , assistant appellate defender, of Concord, on the brief and orally, for the defendant.

The defendant, Shawn Gilley, was convicted on one count of class A felony burglary. See RSA 635:1 (2007) (amended 2014). The burglary statute elevates the offense from a class B to a class A felony when it is "perpetrated in the dwelling of another at night." RSA 635:1, II. Before trial, the defendant filed a motion to dismiss...

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