New Hampshire v. ForestAnnotate this Case
Defendant Steven Forest, appealed a superior court decision that denied his request for pretrial confinement on his sentences for conspiracy to commit burglary and accomplice liability for burglary. In 2007, Defendant was arrested on a parole violation warrant for various parole violations unrelated to the burglary charges. At the time of his arrest, he was also a suspect in a burglary at the A-1 Gas Station in Goffstown. That same day or shortly thereafter, he was formally arrested on charges arising out of the burglary and he was unable to post bail. A month later, a second parole violation warrant was issued in relation to the burglary charges. Defendant waived his right to a preliminary parole violation hearing pending resolution of the burglary charges. Following his arrest, Defendant was initially housed at the Hillsborough County House of Corrections; however, at some point, he was transferred to the New Hampshire State Prison as a result of the parole violation warrants. The burglary charges were not adjudicated until September 9, 2010. Defendant had been incarcerated for 1,154 days. Defendant filed a motion seeking pretrial confinement credit toward any sentence on the burglary charges for the entire period of his incarceration following his arrest in 2007. Defendant argued that since he had not yet had a parole revocation hearing, his parole had not been revoked and, thus, the entire period of his incarceration constituted pretrial confinement on the burglary charges rather than any other sentence of confinement. That same day, Defendant pled guilty to the charges in this case as part of a plea agreement. Under the plea agreement, Defendant was sentenced on each charge to three and a half to seven years, stand committed, with all but six months of the minimum sentence suspended. The sentences ran concurrent with one another but consecutive to any “parole setback.” This appeal followed. Upon review, the Supreme Court concluded that Defendant waived his rights and chose to wait for the burglary charges to be resolved before having a hearing before the parole board on the parole violation charges. "Had Defendant chosen to have a parole revocation hearing within forty-five days, he may have received a punishment for violating parole that he could have served pending resolution of the burglary charges. Any remaining time spent incarcerated before resolving the burglary charges would then have been allotted as pretrial confinement credit." The Court denied any pretrial credit and affirmed the superior court's order.