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STATE v. HUGHEY

No. 29,344.

163 P.3d 470 (2007)

2007-NMSC-036

STATE of New Mexico, Plaintiff-Petitioner, v. Jay Ann HUGHEY, Defendant-Respondent.

Supreme Court of New Mexico.

June 20, 2007.

Attorney(s) appearing for the Case

Gary King, Attorney General, Anita Carlson, Assistant Attorney General, Santa Fe, NM, for Petitioner.

John Bigelow, Chief Public Defender, Meg Bailey, Assistant Public Defender, Linda Yen, Assistant Public Defender, Albuquerque, NM, for Respondent.

OPINION

MAES, Justice.

{1} This matter is before this Court on the State's interlocutory appeal from the trial court's exclusion of evidence. See NMSA 1978, § 39-3-3(B)(2) (1972) (allowing appeals from a decision or order suppressing or excluding evidence). In this case, we review the decision of the trial court to grant Defendant's pretrial request to exclude the results of her blood alcohol content (BAC) test, administered four...

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