State v. Horton

OPINION

PICKARD, Judge.

{1} In this case, we decide whether the State has a right to appeal the decision of the district judge involving Defendant’s sentence for a misdemeanor. As the appeal is not from a suppression of evidence or a dismissal of one or more counts of a complaint, indictment, or information, see NMSA 1978, § 39-3-3(B) (1972) (providing the statutory authority for these two types of appeals by the State in criminal cases), we must decide whether the State is appealing from a disposition contrary to law, see State v. Santillanes, 96 N.M. 482, 485-86, 632 P.2d 359, 362-63…