State v. Lukas, 62 A.3d 883

Lukas appeals a Superior Court decision denying her motion to dismiss the indictment for theft by unauthorized taking under RSA 637:3, a class B felony via RSA 637:11,11(b).
The issue is whether two prior convictions for theft in another state may serve as predicate offenses for the third-offense enhancement.
The question is a matter of law reviewed de novo; the court is the final arbiter of legislative intent in the statute considered as a whole.
The court explains RSA 637:11,11(b) imposes a B felony when the actor has been twice before convicted of theft as a felony or class A misdemeanor.
RSA 625:9 defines felony and class A misdemeanor, including offenses defined outside New Hampshire’s code, affecting whether out-of-state thefts can serve as predicates.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether out-of-state convictions may be used as predicates under RSA 637:11,11(b).	Lukas argues out-of-state convictions are not includable.	State contends out-of-state theft convictions may serve as predicates.	Yes; out-of-state convictions may be predicates.

State v. Cardin, 102 N.H. 314 (N.H. 1959) (prior conviction may affect sentence under statute)
State v. Pessetto, 160 N.H. 813 (N.H. 2010) (interprets statutory scope of out-of-state offenses)
Balke v. City of Manchester, 150 N.H. 69 (N.H. 2003) (do not rewrite the statute; interpret as written)
Fog Motorsports #3 v. Arctic Cat Sales, 159 N.H. 266 (N.H. 2009) (legislative intent interpreted from written statute)
State v. Henderson, 804 N.W.2d 727 (Iowa Ct. App. 2011) (prior out-of-state convictions may be used as predicates in some contexts)
People v. Hazelton, 926 P.2d 423 (Cal. 1996) (out-of-state convictions used as predicate offenses)
State v. Moran, 158 N.H. 318 (N.H. 2009) (relevant interpretive authority on statutory construction)