New Hampshire v. Smith
Annotate this CaseDefendant Michael Smith appealed a superior court order that imposed previously suspended sentences for felony convictions. In February 2008, Defendant was charged with six class A misdemeanors. Subsequently, in March and April 2008, Defendant was indicted on six felony charges. In January 2010, Defendant pled guilty to the six misdemeanor charges and was sentenced to concurrent terms of six months in jail, these sentences also running concurrently with his felony sentences. On three of the felony charges, Defendant was sentenced to concurrent terms of between two and seven years at the state prison, with six months of the minimum and all of the maximum terms suspended for seven years. On the other three felony charges, Defendant was sentenced to concurrent terms of between two and five years at the state prison, all suspended for a period of five years from release from his stand-committed prison sentences. While incarcerated, Defedant attempted to contact a woman whom he was forbidden to contact under the terms of his misdemeanor sentence. Although the prison’s system blocked his call, the State moved to impose the suspended sentences of all six felony convictions, arguing that the attempted call violated the condition of good behavior in those sentences. The superior court agreed that the call violated the good behavior condition, and imposed six months of the minimum and one year of the maximum sentences leaving the other sentences suspended. Upon review, the Supreme Court found that the evidence supported the superior court's decision and affirmed it.
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