New Hampshire v. Surrell

Defendant Jeremy Surrell appealed a superior court order denying his petition to suspend his sentence under RSA 651:20, I (2016). Defendant was indicted on four counts of aggravated felonious sexual assault (AFSA). These indictments alleged that, on four occasions, the defendant engaged in fellatio with a child under the age of thirteen. In May 2013, defendant pleaded guilty to two of the AFSA charges and the State entered a nolle prosequi on the other two. The trial court sentenced defendant to a stand committed sentence of seven and one-half to fifteen years and to a suspended sentence of ten to twenty years. On appeal, defendant argued RSA 651:20, I, prohibited a trial court from denying “a petition on the basis, even in part, of the nature of the offense conduct” and, therefore, the trial court erred when it denied his petition on that basis. He also argued that, even if pursuant to RSA 651:20, I, a trial court can take account of the nature of the offense, the court erred when it denied the petition to suspend solely on that basis without “weigh[ing] [his] rehabilitative success against the need for further punishment.” In affirming the superior court's decision, the New Hampshire Supreme Court determined it was evident the trial court, after considering both the defendant’s rehabilitative efforts and the punitive purpose of his sentence, simply reached a conclusion opposite of that desired by the defendant. View "New Hampshire v. Surrell" on Justia Law