State v. Forest
163 N.H. 616
| N.H. | 2012Background
- Defendant Steven Forest was convicted in 2006 of conspiracy to possess a controlled drug with intent to sell and sentenced to 1–5 years, stand committed.
- In 2007 he was paroled to a drug counseling halfway house but arrested July 8, 2007 on parole violation warrants and as a suspect in a June 24 burglary.
- He could not post bail for burglary charges, and parole violation warrants kept him incarcerated; he was later transferred to state prison.
- The burglary charges were not adjudicated until September 9, 2010, by which time Forest had been incarcerated for 1,154 days.
- Forest sought pretrial confinement credit under RSA 651-A:23 toward the burglary sentences for the time awaiting resolution of the burglary charges.
- The trial court denied credit, and Forest pleaded guilty on the same day, receiving three-and-a-half to seven-year sentences on the burglary charges, running concurrent with each other but consecutive to any parole setback.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Forest is entitled to pretrial confinement credit for the 1,154 days. | Forest argues RSA 651-A:23 requires credit for all pretrial confinement. | State contends time was not exclusively related to burglary due to parole violations. | Not entitled; time largely due to parole violation warrants, not exclusively to burglary. |
| How RSA 651-A:19 and RSA 651-A:23 interact in crediting time. | Forest seeks credit under RSA 651-A:23 toward burglary sentence. | Credit should be allocated to time served toward the maximum sentence per RSA 651-A:19. | Credit allocated to max sentence under RSA 651-A:19; not pretrial confinement credit for burglary. |
| Whether relying on RSA 651-A:19 to deny pretrial credit is proper where parole revocation followed conviction. | RSA 651-A:23 should grant credit if not under a sentence of confinement. | Parole revocation time can be credited to maximum sentence, not as pretrial credit. | Proper to deny; revocation time is treated as time served on maximum sentence. |
Key Cases Cited
- State v. Mwangi, 161 N.H. 699 (2011) (allocation of pretrial credit; equal treatment of indigency; presentence detention context)
- State v. Edson, 153 N.H. 45 (2005) (credit for jail time served prior to sentencing; indigency principle)
- State v. Decker, 127 N.H. 468 (1985) (credit not required for multiple charges when serving consecutive sentences)
- Gentry v. Warden, N. H. Corr. Facilities, 163 N.H. 280 (2012) (statutory interpretation; time served post-arrest/pre-revocation credit)
- State v. Burke, 162 N.H. 459 (2011) (interpretation of criminal code provisions; construction of credit statutes)