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State v. Zubhuza

Supreme Court of New Hampshire

March 7, 2014

The State of New Hampshire
v.
Tariq Zubhuza

Argued November 7, 2013.

Page 615

Hillsborough-southern judicial district.

Joseph A. Foster, attorney general ( Elizabeth C. Woodcock, assistant attorney general, on the brief and orally), for the State.

David M. Rothstein, deputy chief appellate defender, of Concord, on the brief and orally, for the defendant.

LYNN, J. DALIANIS, C.J., and HICKS, CONBOY and BASSETT, JJ., concurred.

OPINION

Page 616

[166 N.H. 126] Lynn, J.

Following a jury trial in Superior Court ( Nicolosi, J.), the defendant, Tariq Zubhuza, was convicted on charges of criminal restraint (RSA 633:2, I (2007)), burglary (RSA 635:1, I (2007)), and criminal threatening with a firearm (RSA 631:4, II(a)(2) (2007)), all stemming from his involvement in a home invasion. On appeal, he argues that the trial court erred in denying his motion to dismiss the criminal restraint and burglary charges for insufficiency of the evidence. We affirm.

I

Viewed in the light most favorable to the State, see, e.g., State v. Sideris, 157 N.H. 258, 263, 951 A.2d 164 (2008), the evidence presented at trial was sufficient for the jury to find the following facts. On December 3, 2010, Miranda Robbins lived in a Nashua apartment with her five young children and her fiancé, Dorian Montero. Montero's brother, D.J., also stayed at the apartment from time to time. At the time of the events described below, neither Montero nor D.J. was present, but, Robbins's father, Raymond Sinclair, was visiting.

At approximately 11:30 a.m. on that day, the defendant and Crystol Pelletier went to the apartment. When Robbins answered the door, Pelletier, the only person visible, identified herself as " Crystol" and asked whether D.J. was home. Robbins responded that D.J. was at work. Pelletier explained that D.J. owed her money " for prostitution" and, after pausing, looked to her left. At that point, the defendant appeared and " barged" past Robbins into the apartment. Once inside, the defendant began " looking around" the apartment, searching the bathroom and kitchenette while Robbins, who was in the dining room, asked what he was doing. At some point, Sinclair came from the living

Page 617

room into the dining room, at which time the defendant produced a gun and placed it to Sinclair's head. [166 N.H. 127] According to Robbins, the defendant, while holding the gun to Sinclair's head, told him, " if you move or say anything ... I'll blow your head away." Eventually, one of Robbins's children entered the ...


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