concurring in part and dissenting in part: I join the opinion of Thayer, J., concurring in part and dissenting in part. In addition, I refer all to my dissents in State v. Whittaker, 138 N.H. 524, 530, 642 A.2d 936, 940 (1994), State v. Bassett, 139 N.H. 493, 503, 659 A.2d 891, 898 (1995), and State v. McGlew, 139 N.H. 505, 511, 658 A.2d 1191, 1196 (1995).