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Topics: DWI, Interlocutory Appeal, Motion to Vacate, Plain Language, Prior Criminal Involvement, Sentence Enhancement

DALIANIS, J. These consolidated cases are before the court on interlocutory transfer without ruling. See Sup. Ct. R. 9. We accept the facts as presented in the interlocutory transfer. See McDonald v. Town of Effingham Zoning Bd. of Adjustment, 152 N.H. 171, 172 (2005). The defendants, Shannon Gallagher and Timothy A. Hughes, both pled guilty, pursuant to negotiated pleas, to their second offense of driving while under the influence (DWI). See RSA 265-A:2 (Supp. 2007). Driving records which showed that Gallagher had previously been convicted pursuant to RSA 265:82 (2004) (repealed 2007), and Hughes pursuant to RSA 265:82-a (2004) (repealed 2007), were the bases for the trial court’s finding that each was guilty of a second offense. Both filed motions to vacate their sentences, arguing that the sentences were illegal. They argued that RSA 265-A:18, IV (Supp. 2007) (amended 2008) (sentencing statute), as it existed at the time of their sentencing, did not allow prior convictions pursuant to RSA 265:82 or RSA 265:82-a to serve as a basis for enhanced penalties for a subsequent offense.