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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-northern judicial district No. 2011-624 THE STATE OF NEW HAMPSHIRE v. AMATO JOHN RUSSO Argued: October 18, 2012 Opinion Issued: February 25, 2013 Michael A. Delaney, attorney general (Nicholas Cort, assistant attorney general, on the brief 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, Amato John Russo, appeals his conviction by a jury on two counts of theft by deception, see RSA 637:4 (1996), and two alternative counts of theft by unauthorized taking, see RSA 637:3 (1996). He argues that the Superior Court (Tucker, J.) erred in denying his motion for a mistrial and allowing standby counsel to participate in the trial. He also argues that the court erred when it imposed an extended term of imprisonment. We affirm.

The record supports the following facts. In 2004, the defendant met Rosetta Judge at a gas station in Manchester where Judge worked, and they developed a close relationship. During their relationship, the defendant expressed a desire to start a business making sausage pies. At some point, he asked Judge to borrow money from her to buy equipment for the business, and she agreed. In early 2005, the defendant accompanied Judge to Citizens Bank where she obtained a personal line of credit and gave the defendant $4,000. Subsequently, Judge obtained two other loans and gave the money to the defendant. In total, the defendant received a little over $24,000 from Judge. The defendant eventually admitted to Judge's son that the sausage pie business was a ruse. The defendant was charged with two counts of theft by deception and two alternate counts of theft by unauthorized taking. After a two-day trial in February 2010, at which the defendant represented himself, with standby counsel, the jury convicted him of all charges, and the court later imposed an extended term of imprisonment. See RSA 651:6 (2007 & Supp. 2012). This appeal followed. I. Denial of Mistrial Request

The defendant first argues that the trial court erred in refusing to grant a mistrial following testimony by Judge that he was on parole. Before trial, the State moved in limine to admit evidence of the defendant's prior convictions for theft by deception and forgery to prove his intent to commit the subject offenses. After hearing arguments, the court decided to "withhold . . . ruling on [the State's] motion . . . and . . . see how things go. . . . [R]ight now let's say no reference to the prior convictions until you get a ruling that they're admissible." During the State's direct examination of Judge, the following exchange occurred: [Prosecutor:] Let me ask you. At some point, did the two of you talk about how he could raise this money or how he was going to get this money to start the business? [Judge:] Well, you know, he couldn't because I found out, of course

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