481 A.2d 823
No. 83-100Supreme Court of New Hampshire Coos
Decided August 27, 1984
Motor Vehicles — Habitual Offender Proceedings — Representation by Counsel Where appealed issue of an indigent defendant’s right to appointed counsel at an habitual offender proceeding was decided in companion case of State v. Cook, 125 N.H. 452 (1984), the case was remanded.
Gregory H. Smith, attorney general (Loretta S. Platt, assistant attorney general, on the brief and orally), for the State.
Philip R. Waystack, Jr., of Colebrook, by brief and orally, for the defendant.
MEMORANDUM OPINION
Counsel for the defendant advised the court that the State had withdrawn the habitual offender petition filed against his client.
Page 461
Before that withdrawal, the defendant had raised the issue of an indigent defendant’s right to appointed counsel at an habitual offender proceeding. The companion case of State v. Cook, 125 N.H. 452, 481 A.2d 823 (1984), raised the same issue, and we have ruled on it by our opinion of even date. Counsel is not entitled to payment from public funds.
Remanded.