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State v. Lukas
New Hampshire Supreme Court
2012-240 __ N.H. __ (2013)
- Written by Sara Rhee, JD
Facts
Robin Lukas (defendant) was indicted for theft under New Hampshire’s larceny statute. The statute required that a defendant’s third theft offense be prosecuted as a class B felony, regardless of the value of the stolen goods. Because Lukas had two prior misdemeanor or felony theft convictions in another state, she was charged with class B felony theft. Lukas moved to dismiss the indictment, arguing that her prior out-of-state convictions could not be considered under the New Hampshire statute. The trial court denied the motion. Lukas appealed.
Rule of Law
Issue
Holding and Reasoning (Hicks, J.)
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