State of New Hampshire v. Jesse Warren

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2019-0701, State of New Hampshire v. Jesse
Warren, the court on January 29, 2021, issued the following
order:

Having considered the brief, memorandum of law, and record submitted
on appeal, we conclude that oral argument is unnecessary in this case. See
Sup. Ct. R. 18(1). The defendant, Jesse Warren, appeals his conviction by the
Superior Court (St. Hilaire, J.), following his appeal for a de novo jury trial from
his conviction in the circuit court, see RSA 599:1 (Supp. 2020), on a class A
misdemeanor charge of operating a motor vehicle after suspension, see RSA
263:1 (Supp. 2020); RSA 263:64 (2014).

Following his appeal to superior court, the defendant waived his right to
a jury trial, and the superior court entered its guilty finding based upon the
State’s offer of proof. On appeal, the defendant argues that the superior court
erred by not forthwith remanding the case to the circuit court for imposition of
the sentence originally imposed there once he waived his right to a jury trial.
See RSA 599:1. The State agrees. Accordingly, we vacate the superior court’s
order and instruct it, upon remand, to remand the case to the circuit court in
accordance with RSA 599:1.

Vacated and remanded.

Hicks, Bassett, Hantz Marconi, and Donovan, JJ., concurred.

Timothy A. Gudas,
Clerk