State v. Barber

OPINION

APODACA, Judge.

The state appeals the district court’s dismissal of the state’s appeal from a magistrate court order. The appeal raises two issues for our consideration: (1) whether the state may properly appeal the magistrate’s order to the district court, based partially on double jeopardy considerations; and (2) whether the language of NMSA 1978, Section 66-8-102(1) (Supp.1988) is mandatory. The state filed a second memorandum in response to our proposed disposition; defendant filed a second memorandum in opposition to this court’s second calendar notice. Because we answer Issue (1)…