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Under the plain error rule, we may consider errors not raised before the trial court.

To find plain error: “(1) there must be an error; (2) the error must be plain; (3) the error must affect substantial rights; and (4) the error must seriously affect the fairness, integrity or public reputation of judicial proceedings.” State v. Matey, 153 N.H. 263, 266 (2006) (quotation omitted).

Further, because the sentence is illegal to the extent that the trial court exceeded its authority under RSA 651:2, the third and fourth elements of the plain error rule have been satisfied.

“For the purpose of double jeopardy analysis, two charged offenses cannot be regarded as the same offense if they do not arise out of the same act or transaction.” Fischer, 165 N.H. at 715 (quotation omitted); see also Blockburger v. United States, 284 U.S. 299, 304 (1932); cf. State v. Matey, 153 N.H. 263, 270-71 (2006) (deciding whether two offenses are the “same” for right to counsel purposes).

For the purpose of double jeopardy analysis, two charged offenses cannot be regarded as the same offense if they do not arise out of the “same act or transaction.” See Blockburger v. United States, 284 U.S. 299, 304 (1932); State v. Matey, 153 N.H. 263, 270 (2006); see also State v. Hull, 149 N.H. 706, 717 (2003).

Our review of the trial court’s legal conclusions, however, is de novo.” State v. Matey, 153 N.H. 263, 268 (2006) (quotation omitted).

State v. Matey, 153 N.H. 263, 266 (2006); see SUP.

Under the plain error rule, we may consider errors not raised before the trial court.

We find error under this rule “sparingly,” and only to prevent “a miscarriage of justice.” State v. Matey, 153 N.H. 263, 266 (2006) (quotations omitted).

Under the plain error rule, we may consider errors not raised before the trial court.

The plain error rule allows us to consider errors not brought to the attention of the trial court.

We use this rule sparingly, limiting it to those circumstances in which a miscarriage of justice would otherwise result.

The plain error rule allows us to consider errors not brought to the attention of the trial court.

“However, the rule should be used sparingly, its use limited to those circumstances in which a miscarriage of justice *303 would otherwise result.” State v. Matey, 153 N.H. 263, 266 (2006) (quotation and brackets omitted).