New Hampshire v. CandelloAnnotate this Case
In 2007, defendant Jason Candello was sentenced on two felonies pursuant to a negotiated plea. On one felony conviction, the trial court sentenced the defendant to a stand-committed sentence of two and one-half to nine years (sentence 1). The maximum of that sentence was subsequently reduced to seven years. On the other felony, the trial court imposed a three-and-one-half-to-seven year sentence that was to run consecutively to the stand-committed sentence on the first felony (sentence 2). The court suspended sentence 2 for ten years subject to conditions. At some point before November 12, 2012, defendant was paroled on sentence 1. On November 12, 2012, defendant committed second degree assault. Defendant’s parole was revoked, and, on November 18, 2012, he resumed serving sentence 1. Sentence 1 ended on March 9, 2014. On March 6, 2013, the trial court set defendant’s bail on the second degree assault charge at $10,000 cash, which he was unable to pay. In February 2014, a jury convicted the defendant of the second degree assault charge. He was sentenced on that charge on May 6, 2014 (sentence 3). Sentence 3 was to run consecutively to sentence 2. On that day, the trial court also imposed sentence 2 (which had previously been suspended for ten years). In December 2018, defendant filed a motion requesting that the trial court amend sentences 2 and 3 so that they ran concurrently, instead of consecutively. The court denied his motion, and defendant appealed. Finding no reversible error, the New Hampshire Supreme Court affirmed the sentencing.