Cited by
Opinions in New Hampshire that cite State v. Streeter, 308 A.2d 535.
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State v. Stearns
547 A.2d 672
N.H. 1988
“Such an abuse of [sentencing] discretion will also occur if the trial court fails to consider all the relevant factors necessary to the exercise of its discretion.” State v. Stone, 122 N.H. 987, 989, 453 A.2d 1272, 1274 (1982); State v. Streeter, 113 N.H. 402, 407, 308 A.2d 535, 538 (1973).
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State v. Ingerson
536 A.2d 161
N.H. 1987
State v. Burroughs, 113 N.H. at 23, 300 A.2d at 316 (“[T]he legislature has demonstrated in many instances its accord with the principle of judicial discretion in the sentencing of those found guilty of crime.”); State v. Streeter, 113 N.H. 402, 406, 308 A.2d 535, 538 (1973) (supreme court is not prepared to substitute its judgment for that of the trial court that disparity of sentences was not justified).
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State v. Stone
453 A.2d 1272
N.H. 1982
Such an abuse of discretion will also occur if the trial court fails to consider all the relevant factors necessary to the exercise of its discretion.
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State v. Cutter
430 A.2d 1135
N.H. 1981
We find no abuse of discretion in the sentence imposed.
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State v. Wheeler
416 A.2d 1384
N.H. 1980
Our sentencing statute, RSA ch. 651, and our case law, see, e.g., State v. Wentworth, 118 N.H. 832, 395 A.2d 858 (1978) and State v. Streeter, 113 N.H. 402, 308 A.2d 535 (1973), make clear that sentencing is within the discretion of the trial court unless the sentence is grossly disproportionate to the crime.
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State v. Fraser
411 A.2d 1125
N.H. 1980
Even if the crimes were identical, the defendants may not be.” State v. Church, 115 N.H. 537, 538, 345 A.2d 392, 393 (1975); State v. Robbins, 114 N.H. 427, 321 A.2d 583 (1974); State v. Streeter, 113 N.H. 402, 308 A.2d 535 (1973).
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State v. Linsky
379 A.2d 813
N.H. 1977
We held in State v. Streeter, 113 N.H. 402, 405, 308 A.2d 535, 537 (1973) that: “A convicted criminal should generally receive the same punishment as another with a like background who has committed the same crime.” We are not prepared to substitute our judgment for that of the trial court and hold as a matter of law that the sentences were inappropriate or e
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State v. Lemire
345 A.2d 906
N.H. 1975
While we have noted the possible effect of disparate sentencing for the same crime without a rational basis (State v. Streeter, 113 N.H. 402, 308 A.2d 535 (1973)), we have never indicated that a trial judge on the basis of facts available to him may not structure different sentences for the same crime to achieve the goals of punishment, deterrence, protection of society and rehabilitation.
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State v. Church
345 A.2d 392
N.H. 1975
Even if the crimes were identical, the defendants may not be.
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State v. Conklin
341 A.2d 770
N.H. 1975
State *340 v. Streeter, 113 N.H. 402, 407, 308 A.2d 535, 538 (1973); ABA Standards Relating to Sentencing Alternatives and Procedures, §§ 2.1 (d), 3.1 (c) (Approved Draft (1968)).
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State v. Booton
329 A.2d 376
N.H. 1974
State v. Streeter, 113 N.H. 402, 403, 308 A.2d 535, 536 (1973); State v. Petkus, 110 N.H. 394, 398, 269 A.2d 123, 125 (1970); State v. Comparone, 110 N.H. 398, 399, 269 A.2d 131, 132 (1970).
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State v. Belanger
325 A.2d 789
N.H. 1974
Compare State v. Streeter, 113 N.H. 402, 308 A.2d 535 (1973) and Pilot Institute on Sentencing, 26 F.R.D.
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State v. Martineau
324 A.2d 718
N.H. 1974
“It is the rule in criminal cases that the trial court in the exercise of sound discretion may reopen a case for the purpose of admitting testimony in behalf of either the prosecution or the defense.” State v. Comparone, 110 N.H. 398, 399, 269 A.2d 131, 132 (1970); State v. Streeter, 113 N.H. 402, 403, 308 A.2d 535, 536 (1973); State v. Petkus, 110 N.H. 394, 397-98, 269 A.2d 123, 125 (1970).
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State v. Reed
321 A.2d 581
N.H. 1974
State v. Streeter, 113 N.H. 402, 308 A.2d 535 (1973); State v. Ferbert, 113 N.H. 235, 306 A.2d 202 (1973); see Williams v. Illinois, 399 U.S. 235, 243 (1970).
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State v. Robbins
321 A.2d 583
N.H. 1974
Although.the codefendant’s sentence is relevant, it is not determinative of excessiveness.
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State v. Farris
320 A.2d 642
N.H. 1974
We do not hold that the sentence was an abuse of the court’s discretion.