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
- Fremont man returned to face NH charges - 0
- 4 arrested in investigation of heroin sales in Portsmouth - 0
- AG says Belmont murder victims were mother and son, found hacked to death - 2
- Ossipee man charged with stealing guns, chainsaw - 0
- Fourth person arrested in Hollis home invasion - 0
- Two found dead in Belmont; one man detained as part of investigation - 3
- Police say man detained as part of investigation into death scene in Belmont - 1
- Portsmouth drug raid nets four arrests for sale of heroin - 0
- Manchester Market clerk robbed by man armed with knife - 1
Mont Vernon murder mastermind drops appeal, citing 'personal and moral' reasons
READER COMMENTS: 0- Garry Rayno's State House Dome: Will House, Senate continue the feud? - 1
- Ted Siefer's City Hall: City down to the wire on school budget, superintendent - 0
- Service planned for mother of Newtown school shooter - 0
- ENH Power parent firm accused of false advertising - 0
- Soldier from Pelham remembered for self-sacrifice - 0
- New Hampshire energy suppliers announce new alliance - 0
- Ian Clark's On Hockey: Are B's destiny's darlings? - 0
- Dave D'Onofrio's Sox Beat: Lackey's performance key for Sox - 0
- Bins for clothing, book donations may get identifiers of for-profit owner - 0
John DiStaso's Granite Status: Sans dice, how will Hassan roll now?
READER COMMENTS: 1| Follow us: | ||
 |
 |
 |
- Should applicants for jobless benefits have to pass a drug test?
- Yes
- 78%
- No
- 22%
- Total Votes: 1424