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State v. Lukas

New Hampshire Supreme Court

2012-240 __ N.H. __ (2013)

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

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Issue

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Holding and Reasoning (Hicks, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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