New Hampshire v. PaigeAnnotate this Case
In 2015, defendant Travis Paige led police on a high-speed vehicle chase. Defendant disregarded stop signs and nearly struck a cyclist and a minivan before losing control of the vehicle after passing through a covered bridge and crashed into a ditch. The vehicle came to rest on the passenger side. Leaving his girlfriend in the passenger seat of the vehicle, defendant climbed out of the driver’s side window and fled on foot into the woods. The police officer on scene chose not to pursue, opting instead to help the girlfriend get out of the car, which was smoking. Defendant was ultimately arrested and indicted on three counts of felony reckless conduct with a deadly weapon. Ordinarily, reckless conduct was an unspecified misdemeanor. However, it becomes a class B felony when a deadly weapon is used in the commission of the offense. Defendant also was charged by informations with two misdemeanor offenses, one alleging that he disobeyed a police officer, and the other alleging that he resisted arrest. The State filed notice it was electing to prosecute both misdemeanor offenses as class A misdemeanors. Defendant was thereafter tried by jury. The trial court instructed the jury on the elements of felony reckless conduct and, over the State’s objection, on the elements of the lesser-included misdemeanor reckless conduct offense. The jury acquitted defendant of all three felony reckless conduct charges, but convicted him of three counts of misdemeanor reckless conduct. The jury also convicted defendant of resisting arrest and disobeying an officer. For the charges of resisting arrest and disobeying an officer, the court sentenced defendant to consecutive twelve-month terms of incarceration; for each misdemeanor reckless conduct convictions, it imposed suspended twelve-month sentences that were concurrent with each other but consecutive to the stand committed sentences. Defendant appealed the sentences. Finding no error in sentencing, the New Hampshire Supreme Court affirmed.