State v. Nelson

SWANSTROM, Judge.

The state appeals an order of the district court granting defendants’ motion to suppress evidence consisting of a small plastic bag of cocaine seized from one of the defendants. We have devoted substantial time considering the merits of the appeal, but find ourselves constrained to dispose of the case on a point of appellate jurisdiction. Before this case was assigned to us by the Supreme Court, the defendants moved to dismiss the appeal, contending that the appeal had not been timely filed. The Supreme Court did not rule on the motion before assigning the case. We hold that…