State v. Hughey

OPINION

MAES, Justice.

{1} This matter is before this Court on the State’s interlocutory appeal from the trial court’s exclusion of evidence. See NMSA 1978, § 39-3-3(B)(2) (1972) (allowing appeals from a decision or order suppressing or excluding evidence). In this case, we review the decision of the trial court to grant Defendant’s pretrial request to exclude the results of her blood alcohol content (BAC) test, administered four hours after Defendant collided with another motorist. Because we find the trial court made factual findings that should have been reserved for the jury and improperly…