State v. Hammell

DüGGAN, 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 became a contested issue. In order to establish that the defendant was the same Michael Hammell who had previously been certified as a habitual offender,…