Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Surrell

Supreme Court of New Hampshire, Cheshire

June 22, 2018

THE STATE OF NEW HAMPSHIRE
v.
JEREMY SURRELL

          Argued: March 15, 2018

          Gordon J. MacDonald, attorney general (Elizabeth A. Lahey, assistant attorney general, on the memorandum of law and orally), for the State.

          Christopher M. Johnson, chief appellate defender, of Concord, on the brief and orally, for the defendant.

          BASSETT, J.

         The defendant, Jeremy Surrell, appeals an order of the Superior Court (Ruoff, J.) denying his petition to suspend his sentence under RSA 651:20, I (2016). We affirm.

         The record reflects the following facts. In 2011, the defendant was indicted on four counts of aggravated felonious sexual assault (AFSA). See RSA 632-A:2, I(1) (2016). These indictments alleged that, on four occasions, the defendant engaged in fellatio with a child under the age of thirteen. In May 2013, the defendant pleaded guilty to two of the AFSA charges and the State entered a nolle prosequi on the other two. The trial court sentenced the defendant to a stand committed sentence of seven and one-half to fifteen years and to a suspended sentence of ten to twenty years.

         In January 2017, the defendant filed a petition to suspend his sentence under RSA 651:20, I(a). RSA 651:20, I, provides:

I. Notwithstanding any other provision of law, except as provided in subparagraphs (a), (b), and (c), the sentence to imprisonment of any person may be suspended by the sentencing court at the time of imposition of the sentence or at any time thereafter in response to a petition to suspend sentence which is timely brought in accordance with the limitations set forth below in subparagraphs (a), (b), and (c).
(a) Any person sentenced to state prison for a minimum term of 6 years or more shall not bring a petition to suspend sentence until such person has served at least 4 years or 2/3 of his minimum sentence, whichever is greater, and not more frequently than every 3 years thereafter.

RSA 651:20, I(a). The defendant attached an affidavit supporting his petition and documentation demonstrating his successful completion of educational and rehabilitative programs while incarcerated. The trial court then requested that the Warden of the New Hampshire State Prison prepare and file a synopsis of the defendant's incarceration for the court to consider prior to ruling on the petition. The Warden complied with this request.

         Subsequently, the trial court denied the defendant's petition to suspend his sentence, stating that the "conduct against the [victim] does not warrant a lesser sentence." The defendant filed a motion to reconsider. In denying the motion to reconsider, the trial court stated:

The Court carefully considered all of the mitigating evidence submitted by the defendant prior to denying his RSA 651:20 request.
The Court was impressed with the defendant's efforts while serving his sentence. However, the Court cannot ignore the punitive aspect of the original sentence, which is why the Court looked to ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.