State v. Lushenko

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 *731show-up identification was unnecessarily suggestive, because it was reliable and because the district court had the inherent authority to craft a bifurcated sentencing procedure, we affirm.

FACTS

When Brian Brunetta arrived at his house around noon on June 3, 2004, he observed an…