[Download] "State v. Ahasteen" by New Mexico Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: State v. Ahasteen
- Author : New Mexico Court of Appeals
- Release Date : January 30, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Certiorari denied, No. 25,334, October 14, 1998 Filing Date: July 30, 1998 APPEAL FROM THE DISTRICT COURT OF McKINLEY COUNTY GRANT L. FOUTZ, District Judge {1} The issue we decide today is whether the district court's order remanding Defendant's misdemeanor driving while intoxicated (DWI) trial to magistrate court is an order from which the State may appeal. We also discuss a prosecutor's discretion to file misdemeanor charges in either magistrate court or in district court and whether the limits placed upon that discretion were violated in this case. We hold that the district court's order effectively dismissed the charges and, under the doctrine of practical finality, this Court has jurisdiction to review the State's appeal. We also hold that the State made an adequate showing that it did not exhibit an improper motive in choosing to file this case in district court. Accordingly, we reverse. BACKGROUND
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