The State's Notice Obligations
N.H. R. Crim. P. 14
Comment
Rule 14(b)(1)(A), requiring the state to provide notice that it may seek an extended term of imprisonment under RSA 651:6, derives from current Superior Court Rule 99 -A and RSA 651:6(III). An extended term may be imposed upon a defendant if notice is lawfully provided and the court or jury finds that the prerequisites have been met. See Apprendi v. New Jersey, 530 U.S. 466 (2000); State v. Russell, 159 N.H. 475 (2009). Rule 14(b)(1)(A) reflects the developments in this area of the law. Rule 14(b)(1)(A) provides that in every case in which a prosecutor may seek the imposition of an extended term of imprisonment pursuant to RSA 651:6, the prosecutor must give notice to the defendant prior to the commencement of the trial. In any case in which there exists the possibility that the court may sua sponte impose an extended term, notice must be given by the trial judge prior to the commencement of the trial. State v. Toto, 123 N.H. 619 (1983).