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Before the Court is defendant's Motion to Vacate Sentence. Defendant was sentenced by this Court (Manias, J.) after having been convicted by a jury on September 21, 1995, of criminal restraint, a class B felony. On December 27, 1996, the Court sentenced him to the New Hampshire State Prison for not more than 30 nor less than 10 years under the enhanced penalty statute, finding that the defendant "manifested exceptional cruelty or depravity in inflicting death or serious bodily injury on the victim of his crime." RSA 651:6(I)(d).