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STATE v. HORTON

No. 26,504.

183 P.3d 956 (2008)

2008-NMCA-061

STATE of New Mexico, Plaintiff-Appellant, v. Gabriel HORTON, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied April 1, 2008.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Santa Fe, NM, M. Victoria Wilson, Assistant Attorney General, Albuquerque, NM, for Appellant.

John Bigelow, Chief Public Defender, Joseph P. Walsh, Assistant Appellate Defender, Santa Fe, NM, for Appellee.

Certiorari Denied, No. 30,985, April 1, 2008.

OPINION

PICKARD, Judge.

{1} In this case, we decide whether the State has a right to appeal the decision of the district judge involving Defendant's sentence for a misdemeanor. As the appeal is not from a suppression of evidence or a dismissal of one or more counts of a complaint, indictment, or information, see NMSA 1978, § 39-3-3(B) (1972) (providing the statutory authority...

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