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Galway, J. The State of New Hampshire filed a petition for writ of certiorari challenging a decision of the Superior Court (T. Nadeau, J.) not to impose a mandatory life imprisonment sentence under RSA 632-A:10-a, III (Supp. 2004) upon the defendant, Jesse Labrie. We deny the petition.

On January 15, 2004, the defendant was found guilty of five (5) counts of aggravated felonious sexual assault (“AFSA”) pursuant to RSA 632-A:2. (Supp. 2003). Each charge alleges that the defendant touched the victim’s penis on five separate occasions in 2001. In a pretrial ruling, the Court (Abramson, J.) determined that the New Hampshire Supreme Court opinion in State v. Melvin, 150 N.H. 134 (2003), applies in this case and requires the Court to impose a mandatory sentence of life in prison without parole. The defendant again requests that the Court not apply the mandatory life sentence provision in RSA 632-A:10-a, III in this case. The State objects arguing the defendant meets the criteria of RSA 632-A:10-a, III, because he has been previously convicted of two or more AFSA offenses.