Cited by

at 475; see State v. Wheeler, 120 N.H. 496, 498 (1980), overruled in part by State v. Landry, 131 N.H. 65, 66 (1988).

State v. Wheeler, *474 120 N.H. 496, 498, 416 A.2d 1384, 1385 (1980), overruled in part by State v. Landry, 131 N.H. 65, 66, 550 A.2d 94, 95 (1988).

On the due process issue, Steed does argue that the record in the superior court should reflect the reasons for the change in sentence when a harsher sentence is imposed upon appeal after a trial de novo, citing State v. Wheeler, 120 N.H. 496, 416 A.2d 1384 (1980).

Because we conclude that sentencing is a matter for the exercise of sound discretion by trial judges, we abandon the rule announced in State v. Wheeler, 120 N.H. 496, 416 A.2d 1384 (1980) and now hold that trial judges need not explain a sentence increase after a trial de novo.

To violate the New Hampshire Constitution, a sentence must be “grossly disproportionate to the crime.” State v. Wheeler, 120 N.H. 496, 499, 416 A.2d 1384, 1386 (1980).

In this appeal, the juvenile claims that the commitment to the house of correction for a period twenty-five percent longer than the district court had imposed was a “substantial” increase, which the superior court failed to justify by reasons on the record, and which should therefore be vacated under State v. Wheeler, 120 N.H. 496, 499, 416 A.2d 1384, 1386 (1980).

The trial court’s sentence in a given case is a matter of discretion unless the sentence is grossly disproportionate to the crime.

State v. Dumont, 122 N.H. 866, 451 A.2d 1286 (1982); State v. Peabody, 121 N.H. 1075, 1078, 438 A.2d 305, 307 (1981); State v. Wheeler, 120 N.H. 496, 416 A.2d 1384 (1980); State v. Wentworth, 118 N.H. 832, 395 A.2d 858 (1978); cf, e.g., Solem v. Helm, 103 S. Ct. 3001 (1983) (in applying one of three factors to be considered under eighth amendment proportionality test, the Court stated: “If more serious crimes are subject to the same penalty.

of you believes that the conduct for which you stand convicted should somehow be mitigated because of some perceived injustice inflicted upon you and thus make you immune from the laws which govern the conduct of other citizens in this State, you are mistaken.” The defendants appeal the imposition of the sentences greater than those imposed in the district court, on the basis of State v. Wheeler, 120 N.H. 496, 416 A.2d 1384 (1980).

Finally, the defendant claims that the trial court failed to state reasons for the increase in his sentence, as mandated by our decision in State v. Wheeler, 120 N.H. 496, 499, 416 A.2d 1384, 1386 (1980).

State v. Morehouse, 120 N.H. 738, 742-43, 424 A.2d 798, 800 (1980); see also State v. Stone, 122 N.H. 987, 989, 453 A.2d 1272, 1273-74 (1982); State v. Wheeler, 120 N.H. 496, 499, 416 A.2d 1384, 1386 (1980).

The court explained that it was increasing the defendant’s sentence because it found that the defendant’s conduct had been “reprehensible” and “inexcusable.” See generally State v. Beaupre, 121 N.H. 1013, 1014, 437 A.2d 301, 301 (1981); State v. Wheeler, 120 N.H. 496, 499, 416 A.2d 1384, 1386 (1980).

To violate the New Hampshire Constitution, this court has suggested a sentence must be “grossly disproportionate to the crime.” State v. Wheeler, 120 N.H. 496, 499, 416 A.2d 1384, 1386 (1980).

In State v. Wheeler, 120 N.H. 496, 416 A.2d 1384 (1980), this court stated that “whenever the superior court, after a trial de novo, substantially increases a sentence imposed by the lower court, the record must reflect the reasons for the change.” Id.

Although evidence “having any tendency, however slight, to prove a particular fact is competent proof of the fact,” State v. Wheeler, 120 N.H. 496, 498, 416 A.2d 1384, 1386 (1980) (quoting Mason v. Railway, 79 N.H. 300, 303, 109 A. 841, 843 (1919)), the trial judge did not err in deciding that the offered evidence had no tendency to prove that the defendant did not write a letter trying to establish an alibi.