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STATE v. GILLEY

No. 2014-0378.

124 A.3d 683 (2015)

The STATE of New Hampshire, v. Shawn GILLEY.

Supreme Court of New Hampshire.

Opinion Issued: September 22, 2015.

Attorney(s) appearing for the Case

Joseph A. Foster, attorney general (Stacey R. Kaelin, assistant attorney general, on the brief and orally), for the State.

Sarah E. Newhall, assistant appellate defender, of Concord, on the brief and orally, for the defendant.

The defendant, Shawn Gilley, was convicted on one count of class A felony burglary. See RSA 635:1 (2007) (amended 2014). The burglary statute elevates the offense from a class B to a class A felony when it is "perpetrated in the dwelling of another at night." RSA 635:1, II. Before trial, the defendant filed a motion to dismiss...

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