State v. N. Gardner

Summary

The Court held that the State violated the mandatory requirement to provide notice of its intent to seek persistent felony offender treatment at or before the omnibus hearing. Because the State failed to show good cause for its untimely notice and the defendant was prejudiced by receiving notice shortly before trial, the District Court abused its discretion by imposing the enhanced designation. The Court reversed the PFO designation and remanded for resentencing without it.