Home » News » Crime
February 11. 2013 9:52PM
James Perry, 37, is due back in court Thursday to be sentenced after being convicted for attempted kidnapping. Between his conviction and his sentencing, the state Supreme Court changed how it views such cases. (FILE PHOTO)
BRENTWOOD - When James Perry appears for sentencing on an attempted kidnapping conviction on Thursday, he will likely get a shorter prison sentence than he was first eligible for due a recent state Supreme Court decision, a judge ruled.
Judge N. William Delker said he will sentence Perry, 37, only on an attempted kidnapping conviction for trying to abduct a woman outside of an Ocean State Job Lot store Dec. 14, 2011.
A jury also convicted Perry of criminal restraint, which could have added up to 3½ to 7 years on his state prison sentence. But a state Supreme Court decision released days after Perry's conviction concluded that sentencing someone like Perry on both attempted kidnapping and criminal restraint charges would amount to double jeopardy.
Public defender Anthony Naro argued for dismissing the criminal restraint conviction following Perry's trial, saying that it would violate his client's right against double jeopardy. Prosecutors objected and Delker denied that request. Days later, Naro submitted a motion following Perry's conviction on Nov. 9 citing the case State vs. Gibbs, decided by the state Supreme Court on Dec. 21. The high court concluded that a person could not be charged with criminal restraint twice for the same course of action. More than once charge could be brought if a person was restrained or kidnapped, released then restrained again.
Instead of dismissing the criminal restraint conviction against Perry outright, Delker said he would hold off until his appeal is heard.
"If this court were to dismiss one of the charges now, that may bar retrial on that indictment if the conviction is overturned on appeal and remanded for a new trial," Delker said in a court order.
If the state Supreme Court upholds Perry's conviction on the attempted kidnapping case, then Delker will dismiss the criminal restraint charge. Perry now faces up 7½ to 15 years in prison on the attempted kidnapping charge. He is being held without bail at the Rockingham County jail.
jkimble@newstote.com
NH Supreme Court decision changes kidnapper's sentence
James Perry, 37, is due back in court Thursday to be sentenced after being convicted for attempted kidnapping. Between his conviction and his sentencing, the state Supreme Court changed how it views such cases. (FILE PHOTO)
Judge N. William Delker said he will sentence Perry, 37, only on an attempted kidnapping conviction for trying to abduct a woman outside of an Ocean State Job Lot store Dec. 14, 2011.
A jury also convicted Perry of criminal restraint, which could have added up to 3½ to 7 years on his state prison sentence. But a state Supreme Court decision released days after Perry's conviction concluded that sentencing someone like Perry on both attempted kidnapping and criminal restraint charges would amount to double jeopardy.
Public defender Anthony Naro argued for dismissing the criminal restraint conviction following Perry's trial, saying that it would violate his client's right against double jeopardy. Prosecutors objected and Delker denied that request. Days later, Naro submitted a motion following Perry's conviction on Nov. 9 citing the case State vs. Gibbs, decided by the state Supreme Court on Dec. 21. The high court concluded that a person could not be charged with criminal restraint twice for the same course of action. More than once charge could be brought if a person was restrained or kidnapped, released then restrained again.
Instead of dismissing the criminal restraint conviction against Perry outright, Delker said he would hold off until his appeal is heard.
"If this court were to dismiss one of the charges now, that may bar retrial on that indictment if the conviction is overturned on appeal and remanded for a new trial," Delker said in a court order.
If the state Supreme Court upholds Perry's conviction on the attempted kidnapping case, then Delker will dismiss the criminal restraint charge. Perry now faces up 7½ to 15 years in prison on the attempted kidnapping charge. He is being held without bail at the Rockingham County jail.
jkimble@newstote.com
- Portsmouth police DWI roadblock stops 179 motorists yielding 4 arrests - 0
- Nashua man arrested on charges of sexually assaulting underage girl - 3
- Mass. men arrested on drugs, weapons charges - 0
- Mass. residents charged after Hollis man beaten and stabbed - 11
- Judge gives Salem engineer with underwater mortgage year in jail for growing pot - 1
- Teen party takes Derry rep by surprise - 26
- Not-guilty plea expected in death at Danville chief's home - 23
- Police say woman was assaulted for hours - 5
- Inmate will let judge decide fraud ID case - 0
Robber escapes with drugs from Keene CVS
READER COMMENTS: 0- Former FBI head tells St. Anselm graduates it is important to give back - 1
- UNH commencement speaker tells graduates: Don't worry about mistakes, learn from them - 2
- Ayotte tells NEC graduates to be passionate about their work - 1
- Antioch University awards 145 degrees - 0
- Message to Nashua Community College grads: find strength - 0
- 160 students graduate from White Mountains Community College - 0
- Portsmouth driver distracted by Facebook hits utility pole - 0
- Teen hurt in Amherst boating crash - 0
- NHIAA Tennis: Bedford is championship-focused - 0
Plymouth State speaker tells grads to 'Become agents of change'
READER COMMENTS: 0| Follow us: | ||
 |
 |
 |
- Should applicants for jobless benefits have to pass a drug test?
- Yes
- 78%
- No
- 22%
- Total Votes: 1424