NHCaseLaw.com

The petitioner, Sean Croft, is currently serving two consecutive sentences of 10 to 20 years at the New Hampshire State Prison following his conviction in the Strafford County Superior Court (Fauver, J.) of aggravated felonious sexual assault (AFSA) (RSA 632-A:2, I(a), (b)) and first degree assault (RSA 631:1, I(a)). In this habeas corpus action, Croft originally sought resentencing on the grounds that: (1) his convictions of both AFSA and first degree assault violate the double jeopardy provisions of the state and federal constitutions because the offenses arise out of a single incident; and (2) the trial court committed a further double jeopardy violation when it imposed extended terms of imprisonment for both offense based upon the same factor, i.e., that the defendant "manifested exceptional cruelty or depravity in inflicting . . . serious bodily injury on the victim of his crime[s]." RSA 651:6, I(d).