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STATE v. HEINSEN

Nos. 28,820, 28,821.

121 P.3d 1040 (2005)

138 N.M. 441

2005-NMSC-035

STATE of New Mexico, Plaintiff-Petitioner, v. Danielle HEINSEN, Defendant-Respondent. State of New Mexico, Plaintiff-Petitioner, v. Rene Maese, Defendant-Respondent.

Supreme Court of New Mexico.

September 9, 2005.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Ann M. Harvey, Assistant Attorney General, Martha Anne Kelly, Assistant Attorney General, Santa Fe, for Petitioners.

Eaves, Bardacke, Baugh, Kierst & Larson, P.A., Kerry C. Kiernan, Albuquerque, for Respondent Heinsen.

Mario A. Esparza Law Office, Mario A. Esparza, Las Cruces, for Respondent Maese.

OPINION

MINZNER, Justice.

{1} This consolidated appeal challenges a ruling by the Court of Appeals that the State has no right to appeal from a suppression order of a magistrate court and that the district court has no subject matter jurisdiction to hear such an appeal. State v. Heinsen, 2004-NMCA-110, ¶¶ 1, 27, 136 N.M. 295, 97 P.3d 627. We granted certiorari because the...

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