Cited by

State v. Hammell, 147 N.H. 313, 319 (2001) (finding evidence that defendant “brandished” the weapon relevant to issue of control).

The defendant argues that the trial court erred in imposing an extended term of imprisonment under RSA 651:6,11(a) because, at the time the State filed its notices, he “had been imprisoned only once on a sentence in excess of a year.” A similar argument was put forward by the defendant in State v. Hammell, 147 N.H. 313 (2001), under a former version of the statute.

“To convict the defendant of being a felon in possession of a weapon [under RSA 159:3,1 (a)], the State must prove beyond a reasonable doubt that: (1) the defendant was a convicted felon; and (2) that he knowingly either owned, had in his possession, or had under his control the weapons detailed in the indictments.” State v. Hammell, 147 N.H. 313, 319 (2001).

State v. Hammett, 147 N.H. 313, 321-22 (2001) (decided under former RSA 651:6,1(c)).

We defer to the trial court’s determinations of credibility unless no reasonable person could have come to the same conclusion after weighing the testimony.” State v. Hammell, 147 N.H. 313, 317 (2001) (quotations and citations omitted).

We will disturb the trial court’s finding of consent only if it is not supported by the record.

We will disturb the trial court’s finding of consent only if it is not supported by the record.

A police officer may seize contraband in his plain view so long as: (1) the initial intrusion which afforded the view was lawful; (2) the discovery of the evidence was inadvertent; and (3) the incriminating nature of the evidence was immediately apparent.

“Our review of the superior court’s order is de novo, except as to any controlling facts determined at the superior court level in the first instance.” State v. Hammett, 147 N.H. 313, 317 (2001) (quotation omitted).

“To prevail on a challenge to the sufficiency of the evidence, the defendant must demonstrate that no rational trier of fact, evaluating all of the evidence and its reasonable inferences in the light most favorable to the State, could conclude beyond a reasonable doubt that he had committed the charged crime.” State v. Hammell, 147 N.H. 313, 319 (2001).

“To prevail on a challenge to the sufficiency of the evidence, the defendant must demonstrate that no rational trier of fact, evaluating all of the evidence and its reasonable inferences in the light most favorable to the State, could conclude beyond a reasonable doubt that he had committed the charged crime.” State v. Hammell, 147 N.H. 313, 319 (2001).

State v. Hammell, 147 N.H. 313, 322 (2001) (nothing in plain language of statute indicated that the phrase “previously been imprisoned” means prior to the date of the commission of the third offense).

To prevail on a challenge to the sufficiency of the evidence, the defendant must demonstrate that no rational trier of fact, evaluating all of the evidence and its reasonable inferences in the light most favorable to the State, could conclude beyond a reasonable doubt that he had committed the charged crime.

If “a statute’s language is plain and unambiguous, [then] we need not look beyond it for further indication of legislative intent.” State v. Hammell, 147 N.H. 313, 322 (2001).