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STATE v. LIZZOL

No. 30,019.

160 P.3d 886 (2007)

2007-NMSC-024

STATE of New Mexico, Plaintiff-Petitioner and Cross-Respondent, v. Mark Joseph LIZZOL, Defendant-Respondent and Cross-Petitioner.

Supreme Court of New Mexico.

May 18, 2007.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Jacqueline R. Medina, Assistant Attorney General, Santa Fe, NM, for Petitioner and Cross-Respondent.

John Bigelow, Chief Public Defender, Linda Yen, Assistant Appellate Defender, Santa Fe, NM, for Respondent and Cross-Petitioner.

OPINION

CHÁVEZ, Chief Justice.

{1} This case presents us with an opportunity to clarify whether the State may appeal the dismissal of a case based on a judge's decision to exclude evidence for lack of foundation. We hold that double jeopardy principles do not allow the State to appeal in such circumstances. Because of our holding, we do not reach the issue of whether the judge's evidentiary ruling in this case was in error.

I. BACKGROUND...

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