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The issue presently before the court in this case is whether the defendant is entitled to collaterally attack the felony sentences he received following his convictions for two counts of driving while certified as an habitual offender, on the ground that the indictments alleged only misdemeanor level offenses. I conclude that the defendant is procedurally defaulted from challenging the sufficiency of the indictments to charge felony level offenses because of his failure to raise the issue before trial, at sentencing, or on direct appeal.

On May 21, 1998, the defendant pled guilty to one count of Operating While Deemed An Habitual Offender. The Court (Manias, J.) sentenced him to not more than 9 nor less than 4 years in the New Hampshire State Prison, stand committed. Before the Court is the defendant's Motion for Dismissal of Felony Conviction/Resentencing, in which the defendant asks the Court to: 1) resentence him to a misdemeanor; 2) hold a hearing on the matter; and 3) issue a written finding of fact and rulings of law.