STATE v. GOMEZ

No. 24,524.

144 P.3d 145 (2006)

2006-NMCA-132

STATE of New Mexico, Plaintiff-Appellant, v. Charles GOMEZ, Defendant-Appellee.

Court of Appeals of New Mexico.

September 7, 2006.


Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Santa Fe, NM, Steven S. Suttle, Assistant Attorney General, Albuquerque, NM, for Appellant.

John Bigelow, Chief Public Defender, Kathleen T. Baldridge, Assistant Appellate Defender, Santa Fe, NM, for Appellee.


OPINION

ROBINSON, Judge.

{1} The State contends that, even though the district court directed a verdict and acquitted Defendant of the charge of DWI, it is entitled to appeal the district court's ruling excluding a document relating to Defendant's blood alcohol test results.

{2} We must determine whether the State had a right to appeal the exclusion of the blood alcohol report pursuant to NMSA 1978, § 39-3-3(B)(2) (1972), and whether double...

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