New Hampshire v. MattonAnnotate this Case
Defendant Daniel Matton appealed a superior court order that denied his motion to preclude the State from seeking an extended term of incarceration under RSA 651:6 II(a). In 1998, Defendant was convicted of arson and sentenced to seven and one-half to fifteen years in state prison, all suspended, and five years of probation. In 1999, Defendant was found to have violated the terms of his probation and ordered to serve three and one-half to seven years in prison. In 2002, Defendant was convicted of assault by a prisoner and sentenced to prison for one and one-half to three years. In 2010, Defendant pled guilty to one count of second degree assault. The State, pursuant to a capped plea agreement, indicated its intent to request an extended term of incarceration under RSA 651:6, II(a) (2007) based upon Defendant's prior record. Defendant moved to preclude the application of RSA 651:6, II(a), arguing that he had only one qualifying prior conviction (that for assault by a prisoner) because his imprisonment on the arson charge resulted from a probation violation rather than from the original, suspended, sentence he received on the arson conviction. The superior court denied the motion, ruling that Defendant had served two terms of imprisonment within the meaning of the statute. Upon review, the Supreme Court concluded the superior court correctly found that the statutory requirements were satisfied, and properly denied Defendant's motion to preclude.