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STATE v. MONTOYA

No. 30,225.

188 P.3d 1209 (2008)

2008-NMSC-043

STATE of New Mexico, Plaintiff-Petitioner, v. Bill A. MONTOYA, Defendant-Respondent.

Supreme Court of New Mexico.

June 27, 2008.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Ann M. Harvey, Assistant Attorney General, Santa Fe, NM, for Petitioner.

Kennedy & Han, P.C., Paul J. Kennedy, Mary Y.C. Han, Grieta A. Gilchrist, Albuquerque, NM, Kelley Law Offices, Charlotte Itoh, Albuquerque, NM, for Respondent.

OPINION

MAES, Justice.

{1} We granted the State's petition for certiorari review of the Court of Appeals' memorandum opinion in this case and conduct our review pursuant to Rule 12-216(B) NMRA (jurisdictional questions are excepted from the rule requiring preservation for appellate review). We are called upon to examine a magistrate court's written order to determine whether it is an appealable final order of dismissal or a non-final unappealable...

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