Chapter 599: Appeals from Convictions in Circuit Court

Except as provided in RSA 632-A:9-a, a person convicted by a circuit court of a class A misdemeanor, at the time the sentence is declared, may appeal therefrom to obtain a de novo jury trial in the superior court, which shall hear the appeal. The appeal shall be entered by the defendant at the next return day unless for good cause shown the time is extended by the superior court. If, after a jury trial in the superior court, the defendant is found guilty, the superior court shall sentence the defendant, and the defendant may appeal questions of law arising therefrom to the supreme court. In the event the defendant waives the right to jury trial after the case has been appealed, the superior court shall forthwith remand the case to the circuit court for imposition of the sentence originally imposed by the circuit court, and the defendant may appeal questions of law arising therefrom to the supreme court. In all misdemeanor cases which are appealed to superior court, it shall be the duty of the superior court to transmit to the justice of the circuit court, within 10 days after the case is finally disposed of, a certificate showing the final disposition of the case.

A person sentenced for an offense by a district or municipal court who fails to appeal as provided in RSA 599:1 may petition said court to enter a late appeal. The petition shall be in writing and shall be made within 3 days from the date sentence is declared. The court shall grant such petition, provided that the person appealing shall appear in person or by his attorney at the next regular session of the court, or at such time and place as the justice of the court shall designate, to perfect his appeal by providing such bail as is determined proper by the court. All other requirements provided for in RSA 599:1 shall be in force.

Any person aggrieved by a decision of a district or municipal court who was prevented from appealing therefrom, as provided in RSA 599:1 or RSA 599:1-a, through mistake, accident or misfortune, and not from his own neglect, may petition the superior court at any time within 30 days from the time the sentence is declared, to be allowed an appeal, setting forth his interest, his reason for appealing and the cause of his delay. The court may make such order thereon as justice may require.

I. Any person charged with any violation or class B misdemeanor may, at least 5 days prior to trial, request the district or municipal court that a sound recording be kept of all proceedings in his trial. If such a request is made, the district or municipal court shall make the sound recording at no cost to the person requesting it.

II. A person sentenced by a district or municipal court for a violation or class B misdemeanor may, at the time the sentence is declared or within 30 days thereafter, appeal therefrom to the supreme court. On any such appeal, the district or municipal court shall, at no cost to the person, provide to the supreme court the sound recording requested under paragraph I.

Before the appeal is allowed, the appellant shall enter into recognizance, with sufficient sureties, in such sum as the court shall order, not exceeding $2,000, to appear at the court of appeal, to prosecute his appeal with effect, to abide the order of the court thereon and, if so required, to be of good behavior in the meantime, or shall surrender himself to the proper authority for the purpose of commitment to the county jail or house of correction pending such appeal.

If the appellant fails to enter his appeal within the time limited and prosecute his appeal, a record thereof shall be made, his recognizance shall be declared forfeited, and, within 10 days, the clerk of court shall transmit to the district or municipal court appealed from a certificate of such forfeiture.

The justice shall record the certificate of forfeiture, and he shall issue a mittimus or other process to carry into effect the original sentence.