State v. Bryon E. Whitney

Summary

The Supreme Court of New Hampshire affirmed the Superior Court’s determination that it lacked jurisdiction to hear Bryon E. Whitney’s appeal because the underlying resisting‑arrest offense was charged and convicted as a class B misdemeanor. Accordingly, the defendant was not entitled to a de novo jury trial in the Superior Court. The Court based its decision on the statutory presumption that unspecified misdemeanors are class B absent a notice of intent to seek class A penalties.