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THE SUPREME COURT OF NEW HAMPSHIRE
Rockingham
No. 99-802
THE STATE OF NEW HAMPSHIRE
v.
STEVEN B. GORDON
Argued: September 19, 2002
Opinion Issued: December 18, 2002
Philip T. McLaughlin , attorney general (Susan P. McGinnis, attorney, on the brief and orally), for the State.
David M. Rothstein, deputy chief appellate defender, of Concord, by brief and orally, for the defendant.
BROCK, C.J. The defendant, Steven B. Gordon, was found guilty by a jury of five counts of aggravated felonious sexual assault, RSA 632-A:2 (Supp. 2002), and two counts of kidnapping, RSA 633:1 (1996) (amended 2001). The Trial Court (Coffey, J.) sentenced the defendant to consecutive terms of imprisonment of twenty to forty years on four counts of aggravated felonious sexual assault, a consecutive sentence of life without parole on the fifth count of aggravated felonious sexual assault and consecutive seven and one-half to fifteen year terms on the two counts of kidnapping. We affirm the convictions, vacate the sentences and remand for resentencing.
On July 18, 1998, the two victims, Young and Griffith, left a party in Hampton Beach at around 1:45 a.m. They were walking along the beach when the defendant ordered them into his car at gunpoint. He drove to a wooded area in Portsmouth and stopped the car. The defendant screamed at the women, ordering them to take their clothes off. The defendant ordered Young at gunpoint to engage in oral sex with Griffith, then forced her to have oral sex with him. He anally raped Young and then vaginally raped Griffith while pointing the gun at Young. He then ordered the women to get out of the car and lay face down on the ground. He told them he would shoot them if they looked at the car or the license plate. The defendant said he would throw their clothes out of the car after he left.
The car drove off, then stopped, and the women heard a man shouting. Afraid the defendant was coming back, they ran in opposite directions. Young hid in some nettles and bushes. After quite a while she decided to get up because the nettles hurt and she was covered with flies. She could hear Griffith calling her over and over but she didn

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