STATE v. HAMMELL

No. 2005-528.

917 A.2d 1267 (2007)

The STATE of New Hampshire v. Michael L. HAMMELL.

Supreme Court of New Hampshire.

Opinion Issued: March 6, 2007.


Attorney(s) appearing for the Case

Kelly A. Ayotte, attorney general (Stephen D. Fuller, senior assistant attorney general, on the brief and orally), for the State.

David M. Rothstein, deputy chief appellate defender, of Concord, on the brief and orally, for the defendant.


DUGGAN, J.

The defendant, Michael L. Hammell, appeals his conviction on one count of operating after certification as a habitual offender, see RSA 262:23 (2004) (amended 2006), following a jury trial in Superior Court (Houran, J.). We reverse and remand.

The facts are not in dispute. In July 2002, the defendant was arrested for driving after having been certified as a habitual offender. See RSA 262:23. During the ensuing trial, identification...

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