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Although in State v. Gosselin, 117 N.H. 115, 118-19 (1977), we declined to adopt a same criminal episode test to determine whether two offenses are the same for double jeopardy purposes, we specifically contemplated adopting that test as a common law rule of joinder.

Prior convictions obtained when a defendant was not represented by counsel and did not knowingly and intelligently waive his right to counsel cannot be used as the basis for an enhanced sentence.

State v. Gosselin, 117 N.H. 115, 118 (1977); see N.H. Const. pt.

Generally, the facts supporting a sentence need not be proved beyond a reasonable doubt.

See, e.g., State v. MacLeod, 141 N.H. 427, 434, 685 A.2d 473, 479 (1996) (recognizing trial court’s authority to curb overcharging by prosecutor that constitutes harassment); see also State v. Gosselin, 117 N.H. 115, 119, 370 A.2d 264, 268 (1977).

State v. Brooks, 137 N.H. 541, 542-43, 629 A.2d 1347, 1348 (1993); State v. Gosselin, 117 N.H. 115, 117-18, 370 A.2d 264, 267 (1977).

We have previously recognized the reasonableness of limited intrusions for the protection of police officers and others, see State v. Theodosopoulos, 119 N.H. 573, 582, 409 A.2d 1134, 1140 (1979), cert.

rior' convictions used for sentence enhancement purposes cannot be extended beyond the right to have appointed counsel); State v. Grondin, 132 N.H. 194, 201, 563 A.2d 435, 439 (1989) (habitual offender finding may not be attacked collaterally when defendant did not appeal it and the defendant did not allege that he was denied the right to counsel at the prior proceedings); see State v. Gosselin, 117 N.H. 115, 121, 370 A.2d 264, *253 269-70 (1977) (holding that defendant may challenge prior convi

We held in State v. Gosselin, 117 N.H. 115, 122, 370 A.2d 264, 270 (1977) that “[imposition of an extended term of imprisonment under RSA 651:6, 1(c) is dependent on proof of previous periods of imprisonment.” The State suggests that if proof of prior sentences is all that is required to impose an enhanced sentence, there would be no need to establish the pri

State v. Moses, 128 N.H. 617, 620, 517 A.2d 839, *256 841 (1986) (citing State v. Gosselin, 117 N.H. 115, 117, 370 A.2d 264, 267 (1977); State v. Smith, 98 N.H. 149, 150, 95 A.2d 789, 791 (1953)); State v. Cimino, 126 N.H. at 576, 493 A.2d at 1202.

*390 In State v. Gosselin, 117 N.H. 115, 370 A.2d 264 (1977), we held that a defendant who possessed a loaded revolver could be tried and convicted for the misdemeanor offense of carrying a gun without a license and also tried and convicted for being a felon in possession of a revolver.

State v. Gosselin, 117 N.H. 115, 117-18, 370 A.2d 264, 267 (1977) (under State “same-evidence” test for double jeopardy, two offenses are not the same when proof of different elements is necessary for conviction under each); State v. Smith, 98 N.H. 149, 150, 95 A.2d 789, 791 (1953) (under State “same-in-law-and-fact” test for double jeopardy, two

Heald, 123 N.H. at 472, 464 A.2d at 277; see also State v. Gosselin, 117 N.H. 115, 117-18, 370 A.2d 264, 267 (1977) (under State “same-evidence” test for double jeopardy, two offenses not the same when proof of different elements necessary for conviction under each); State v. Smith, 98 N.H. 149, 150, 95 A.2d 789, 791 (1953) (under State “same-in-law-and-in-fact” test for double jeopardy, two offe

*813 In prior cases, we have enunciated two formulae for determining whether a defendant was twice tried and convicted for the same offense, to wit: the same evidence test, see State v. Gosselin, 117 N.H. 115, 118, 370 A.2d 264, 267 (1977), and the same in law and fact test, sec State v. Heinz, 119 N.H. 717, 720, 407 A.2d 814, 816 (1979).

State v. Gosselin, 117 N.H. 115, 118, 370 A.2d 264, 267 (1977); see North Carolina v. Pearce, 395 U.S. 711, 717 (1969).

State v. Heinz, 119 N.H. 717, 720, 407 *895 A.2d 814, 816 (1979); State v. Gosselin, 119 N.H. 115, 118, 370 A.2d 264, 267 (1977).

State v. Scarlett, 121 N.H. 37, 42-43, 426 A.2d 25, 28-29 (1981); State v. Koski, 120 N.H. 112, 115, 411 A.2d 1122, 1124 (1980); State v. Gosselin, 117 N.H. 115, 120, 370 A.2d 264, 269 (1977).

The defendant next argues that the court could not consider the case history evidence relating to prior sentences because at the hearing the defendant raised the question whether he had been represented by counsel in the trials that led to his convictions.

State v. Gosselin, 117 N.H. 115, 118, 370 A.2d 264, 267 (1977); see Brown v. Ohio, 432 U.S. 161 (1977).

State v. Gosselin, 117 N.H. 115, 121, 122, 370 A.2d 264, 269 (1977); State v. Maxwell, 115 N.H. 363, 341 A.2d 766 (1975).

State v. Gosselin, 117 N.H. 115, 370 A.2d 264 (1977); State v. Clough, 115 N.H. 7, 332 A.2d 386 (1975).