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NOW COMES the State of New Hampshire, by and through the Hillsborough County Attorney's Office, with this Motion to Deny Competency Hearing or in the alternative order medical records and extend the date for a competency evaluation.

The State seeks to consolidate one simple assault charge, in which the State alleges the defendant choked Amanda Bortner, with the second degree murder charge, the two first degree assault charges and the six second degree assault charges in which the State alleges the defendant abused Kassidy Bortner. The defendant objects.

Defendant is charged with one count of second degree assault with a deadly weapon contrary to RSA 631:2(b) and four counts of reckless conduct with a deadly weapon contrary to RSA 631:3, II. Defendant moves to dismiss each of these charges for failing to allege criminal acts under New Hampshire's Criminal Code. Alternatively, defendant argues that the statutes under which he is charged are unconstitutionally vague. The State objects. After hearing and after significant consideration of the parties' arguments with the applicable law, defendant's Motion to Dismiss is DENIED.