State v. Moret

ANDREASEN, Justice.

The State appeals from an order of a district associate judge dismissing an habitual offender petition because the defendant had established his laches defense. The State challenges the decision on the ground that a district associate judge does not have jurisdiction of civil habitual offender proceedings. We treat this challenge as an action for writ of certiorari. Because there is no constitutional or statutory authority for the district associate judge’s assertion of jurisdiction over an habitual offender proceeding, we sustain and remand the case to the district court.

I.…