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STATE v. AHASTEEN

No. 19029.

968 P.2d 328 (1998)

126 N.M. 238

1998 NMCA 158

STATE of New Mexico, Plaintiff-Appellant, v. Lowell AHASTEEN, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied October 14, 1998.

Attorney(s) appearing for the Case

Tom Udall, Attorney General, Bill Primm, Ass't Attorney General, Santa Fe, for Appellant.

Phyllis H. Subin, Chief Public Defender, Susan Gibbs, Ass't Appellate Defender, Santa Fe, for Appellee.

OPINION

PICKARD, J.

{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...

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