State v. Travis C. Paige, 169 A.3d 468

On Sept. 3, 2015, Travis C. Paige led police on a high-speed chase, driving over 100 mph, nearly hitting others, and crashing; he fled on foot and was arrested the next day.
Indicted for three counts of felony reckless conduct (vehicle alleged as deadly weapon); also charged by information with resisting arrest and disobeying an officer (misdemeanors).
State notified at or before arraignment that it would seek class A misdemeanor penalties for the two charged misdemeanors (resisting/disobeying) under RSA 625:9, IV(c)(2), but did not give such notice as to lesser-included misdemeanor reckless conduct.
Trial court instructed jury on felony reckless conduct and, over State objection, on lesser-included misdemeanor reckless conduct; jury acquitted felonies but convicted three counts of misdemeanor reckless conduct and the two misdemeanors.
At sentencing, trial court treated the lesser-included misdemeanor reckless conduct convictions as class A misdemeanors (twelve-month suspended sentences) rather than class B misdemeanors; Paige appealed arguing RSA 625:9, IV(c) required class B treatment absent pre-arraignment notice.

Issue	State's Argument	Paige's Argument	Held
Whether RSA 625:9, IV(c)(2) required pre-arraignment notice for the State to obtain class A penalties for lesser-included unclassified misdemeanors when the defendant was charged with a felony	Statute’s notice requirement does not apply to lesser-included misdemeanors that arise from felony charges; requiring notice would be redundant and serve no legislative purpose	Absent the specified notice, unclassified misdemeanors are presumed class B misdemeanors under RSA 625:9, IV(c) and thus Paige’s convictions should be class B	Affirmed: statute’s notice rule does not apply to lesser-included misdemeanors of felonies; convictions appropriately treated as class A misdemeanors in these circumstances

State v. Lathrop, 164 N.H. 468 (2012) (statutory interpretation principles and ascribing plain meanings)
Czyzewski v. N.H. Dep’t of Safety, 165 N.H. 109 (2013) (construction of statutes to promote justice)
State v. Burr, 147 N.H. 102 (2001) (avoidance of absurd or unjust statutory results)
State v. Bruce, 147 N.H. 37 (2001) (treatment of unclassified misdemeanors before 2009)
State v. Dansereau, 157 N.H. 596 (2008) (application of rule of lenity when statute ambiguous)
Scott v. Illinois, 440 U.S. 367 (1979) (right to appointed counsel where incarceration is possible)
Gideon v. Wainwright, 372 U.S. 335 (1963) (right to counsel for indigent defendants)
State v. Weeks, 141 N.H. 248 (1996) (right to counsel principles in New Hampshire)