Submitted February 12, 2014.
Under New Hampshire procedural rule this decision is subject to motion for rehearing, as well as formal revision before publication in the New Hampshire reports.
Joseph A. Foster, attorney general ( Nicholas Cort, assistant attorney general, on the brief), for the State.
Thomas A. Bulcroft, self-represented party, by brief.
BASSETT, J. DALIANIS, C.J., and HICKS, CONBOY, and LYNN, JJ., concurred.
The defendant, Thomas A. Bulcroft, appeals an order of the Superior Court ( Smukler, J.) denying his petition to annul arrest and court records pertaining to a
criminal case in which he was found not guilty by reason of insanity. We affirm.
The following facts are drawn from the order of the trial court. In 1974, the defendant was charged with kidnapping and rape. See RSA 633:1 (1996); RSA 632:1 (1974) (repealed 1975). The trial court accepted his plea of not guilty by reason of insanity and committed him to New Hampshire Hospital for life, unless or until earlier discharged by court order. The defendant was discharged from the hospital in 1979.
On December 10, 2012, the defendant filed a petition seeking to have his arrest and indictment record annulled because he was found not guilty by reason of insanity. Although the defendant has not provided a copy of his petition with his appeal brief, he has appended to his brief several pleadings filed in the trial court and asks that we review them as we consider the issue before us. The memorandum of law filed in support of his petition states that he sought " to annul the record of his arrest under RSA 651:5, II because he was found not guilty by reason of insanity." See RSA 651:5, II (Supp. 2013).
The trial court denied the petition, concluding that a verdict of " not guilty by reason of insanity" is not the same as a finding of " not guilty" for purposes of RSA 651:5, II, and, therefore, the defendant is not entitled to have his record annulled. See ...