Driving Without License (1)

State v. Guillermo and Otero, 04-S-2353, 05-S-0166 (Hillsborough, North, Mar. 1, 2006)

The defendants, Alex Guillermo (No. 05-S-2353) and Daniel Otero (No. 05-S-0166), each stand indicted of one felony count of operating a motor vehicle after having been declared an habitual offender. See RSA 262:23 (2004). The defendants each filed a notice of intent to plead guilty, but have each also requested that the Court declare its authority as to whether it may order home confinement as a part of the sentence. The State here objects to any sentence involving home confinement because Hillsborough County and the Hillsborough County Department of Corrections (“HOC”) have not established a home confinement program under RSA 262:23 and RSA 651:19 (Supp. 2005).
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