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NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme. THE SUPREME COURT OF NEW HAMPSHIRE ___________________________ Hillsborough-southern judicial district No. 2008-757 THE STATE OF NEW HAMPSHIRE v. ERIC VAN WINKLE Argued: January 13, 2010 Opinion Issued: June 3, 2010 Michael A. Delaney, attorney general (Elizabeth C. Woodcock, assistant attorney general, on the memorandum of law and orally), for the State. Nixon, Raiche, Vogelman, Barry & Slawsky, PA, of Manchester (Kirk C. Simoneau on the brief and orally), for the defendant. BRODERICK, C.J. The defendant, Eric Van Winkle, appeals an order of the Superior Court (Nicolosi, J.) amending his sentence. We reverse. The following facts appear in the record. On September 17, 2008, the defendant appeared before the trial court on complaints alleging three probation violations. He pled guilty to two of the violations and contested the third. After hearing testimony, the trial court found him guilty of the third

violation. Although the hearing involved two sentences, only one of them is pertinent to this appeal. On that sentence, the State asked that the court impose a prison term of two-and-one-half to six years. The defendant's counsel asked for six months imprisonment followed by probation. The court then stated to the defendant, "I am going to sentence you to the New Hampshire State Prison for not more than seven years, nor less than two years. There is added to the minimum sentence a disciplinary period equal to 150 days for each year of the minimum term of your sentence to be prorated for any part of the year. This is a stand committed sentence." Following this declaration of sentence, the County Attorney stated, regarding the court's calculation of the defendant's pretrial confinement credit, that the defendant has 218 days on 244 already, and so that is why I asked for the two to six, otherwise, I would have asked for two to seven, but I

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