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State v. Dansereau, 2007-552 (N.H. S.Ct., Aug. 15, 2008)

Fri, 08/15/2008 - 17:04 — NHCaseLaw.com

Topics: Ambiguity, Guilty Plea, Lenity, Motion to Vacate, Plain Language, Sexual Assault

Case Information
Document Type: 
Opinion
Case name: 
State v. Dansereau
Docket Number: 
2007-552
Date: 
Aug 15 2008
Justice: 
Duggan, James E.
Jurisdiction: 
N.H. S.Ct.

DUGGAN, J. The defendant, Michael Dansereau, appeals a ruling by the Trial Court (McGuire, J.) denying his motion to vacate his convictions and sentences. We hold that the defendant was unlawfully sentenced to an extended term of imprisonment under RSA 651:6, II(a) (2006) and three years probation under RSA 651:2, V(a) (2006). Accordingly, we vacate his sentence and remand for resentencing.