New Hampshire v. DunnAnnotate this Case
Defendant Calvin Dunn, III appealed a superior court order that denied his motion to vacate the imposition of a suspended sentence. In 2006, defendant pled guilty to one count of accomplice to burglary and one count of tampering with witnesses. Under the plea agreement, he was sentenced to two concurrent prison terms of three and one-half to seven years, suspended for five years on the condition of his good behavior. On May 11, 2010, the Laconia District Court found defendant guilty of two counts of simple assault and one count of criminal threatening in connection with a physical altercation that occurred in 2009. Defendant appealed to the superior court for a jury trial. Later in May, the State filed a motion to impose the 2006 suspended sentence, alleging that the physical altercation constituted a violation of the good behavior requirement. The defendant requested that the hearing on the motion to impose be deferred until final disposition of the pending criminal trial. The State objected, and the court denied defendant's request. On July 6, 2011, defendant was tried by a jury on the charges stemming from the 2009 altercation. At trial, he argued that his actions were justified by self-defense. The jury acquitted him of all the charges. On July 21, defendant filed a motion to vacate the imposition of his sentence for the 2006 convictions. He argued that his actions in the 2009 altercation were justified by self-defense, as evidenced by the jury's acquittal on those charges, and, thus, he did not violate the good behavior requirement of his 2006 suspended sentence. Finding no error or abuse of discretion, the Supreme Court affirmed.