STATE v. LUSHENKO

No. A05-819.

714 N.W.2d 729 (2006)

STATE of Minnesota, Respondent, v. William Peter LUSHENKO, Appellant.

Court of Appeals of Minnesota.

May 30, 2006.


Attorney(s) appearing for the Case

Mike Hatch, Attorney General, Tibor M. Gallo, Assistant Attorney General, St. Paul, MN and Timothy R. Faver, Beltrami County Attorney, Bemidji, MN, for respondent.

John M. Stuart, State Public Defender, Leslie J. Rosenberg, Assistant Public Defender, Minneapolis, MN, for appellant.

Considered and decided by HALBROOKS, Presiding Judge; LANSING, Judge; and SHUMAKER, Judge.


OPINION

HALBROOKS, Judge.

Appellant challenges the district court's evidentiary ruling on the admissibility of the show-up identification procedure and the district court's authority to conduct a bifurcated trial on the issue of whether appellant is a career offender under the statute. Although we conclude that the show-up identification was unnecessarily suggestive, because it was reliable and because the district...

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