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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 ___________________________ Grafton No. 2010-042 THE STATE OF NEW HAMPSHIRE v. RYAN LAPLACA Argued: March 10, 2011 Opinion Issued: June 28, 2011 Michael A. Delaney, attorney general (Constance N. Stratton, senior assistant attorney general, on the brief, and Thomas E. Bocian, assistant attorney general, orally), for the State. David M. Rothstein, deputy chief appellate defender, of Concord, on the brief and orally, for the defendant. HICKS, J. The defendant, Ryan LaPlaca, appeals the decision of the Superior Court (Vaughan, J.) denying his motion for a hearing on the issue of whether his suspended sentence should be imposed. We reverse in part, vacate in part and remand.

The following facts are drawn from the trial court's order or are undisputed on the record before us. On June 18, 2009, the defendant pled true to a probation violation. In July, he was sentenced to the New Hampshire State Prison for two-and-one-half to five years, suspended for five years. As a condition of his sentence, the defendant agreed to participate in the Grafton County Drug Court Sentencing Program (Program) and signed a Grafton County Drug Court Sentencing Program Participation Agreement. See State v. Belyea, 160 N.H. 298, 301-02 (2010) (providing a brief description of the Program). An addendum to his sentence provided in part: The prison sentence is suspended for a period of 5 years. The suspension is conditioned on good behavior and compliance with all terms and conditions of the [Program]. Any violation of the terms and conditions of the [Program] shall result in the imposition of sanctions, without hearing, by the court as deemed fair and appropriate, consistent with statutory authority and the descriptions as outlined in the [Program] policy manual. The defendant waives any right(s) to any and all hearings. Termination of participation in the [Program] shall result in the imposition of the suspended prison sentences and fines without hearing. The defendant shall affirmatively waive any and all rights to a hearing. (Emphasis added.) At the sentencing hearing, the defendant was represented by counsel and advised of his rights. On December 8, the State moved to impose the defendant's suspended sentence, alleging that the defendant had violated the conditions of his sentence by being terminated from the Program. A hearing on the State's motion was scheduled for December 16. On December 15, the defendant filed an assented-to motion to continue the hearing in order to provide defense counsel "more time to prepare to represent [the defendant] adequately." The trial court denied the motion. Due to a scheduling conflict, the defendant's counsel was unable to attend the December 16 hearing. On that day, substitute counsel filed a motion for a hearing on the State's motion to impose the defendant's suspended sentence. In his motion, the defendant challenged the basis for his termination from the Program and requested a hearing on the State's motion to impose pursuant to his state and federal due process rights. On December 22, the trial court issued an order denying the defendant's motion and granting the State's motion to impose the suspended sentence. The court found that "by entering into the [Program], the defendant voluntarily, knowingly, and intelligently waived any rights to hearings in connection with sanctions or imposition of [suspended] . . . sentences." The court further found that:

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The defendant was sentenced to the New Hampshire State Prison for 2

Download 2010-042 The State of New Hampshire v. Ryan LaPlaca.pdf

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