State v. Kaiser

OPINION IN RESPONSE TO THE STATE’S PETITION FOR DISCRETIONARY REVIEW

DAY, Justice.

This opinion is in response to a petition for discretionary review filed by the State in this cause. The State, on original submission, addressed the issue of the appeala-bility of the order in question, and of this court’s jurisdiction, only superficially. Now, the State for the first time cites authority for the proposition that this order is appealable. Our prior opinion and judgment in this cause are hereby withdrawn, and this opinion is substituted therefor.

This is an appeal from a pretrial preliminary…