State v. Lizzol

OPINION

BUSTAMANTE, Chief Judge.

{1} Defendant Mark Joseph Lizzol appeals from a district court order which reversed a metropolitan court order suppressing evidence and dismissing his case. The district court remanded the ease to metropolitan court for trial on the charges of driving while under the influence of intoxicating liquor (DWI) and operating a vehicle with no taillights. Defendant appeals the order on grounds that (1) double jeopardy barred the State’s appeal to district court because the metropolitan court’s ruling constituted an acquittal, (2) the State had no right to appeal the…