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STATE v. COOK

No. 83-185.

125 N.H. 452 (1984)

THE STATE OF NEW HAMPSHIRE v. RENE L. COOK

Supreme Court of New Hampshire.

August 27, 1984.

Attorney(s) appearing for the Case

Gregory H. Smith, attorney general (Loretta S. Platt, assistant attorney general, on the brief and orally), for the State.

Joanne Green, assistant appellate defender, of Concord, by brief and orally, for the defendant.

SOUTER, J.

The defendant stands indicted for the felony of violating a court order that had declared him to be an habitual offender under the motor vehicle laws and had prohibited his operation of a motor vehicle. RSA 262:23. The Superior Court (DiClerico, J.) has transferred two questions raised by a motion to dismiss the indictment:

(1) Is an habitual offender order valid if it rests upon an uncounselled conviction of a motor vehicle violation?<...

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