State v. Lizzol

OPINION

CHÁYEZ, 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

{2} In the early morning of January 17, 2004, Officer Tanner Tixier of the Albuquerque Police Department pulled over Defendant Mark Lizzol for chiving without…