State v. Darren Carmouche

LANSING, Judge.

The State appeals from the district court’s judgment, entered after a bench trial, acquitting Darren Dustin Carmouche on an allegation that he was subject to a sentence enhancement for being a persistent violator of the law. The State asserts primarily that the district court erred in a sua sponte post-trial ruling that evidence that had been admitted at trial without objection was inadmissible hearsay and would not be considered in determining whether Carmouche was a persistent violator. Carmouche responds that the State’s claims of error are rendered moot by constitutional…