City of Harvey v. Fettig

KAPSNER, Justice.

[¶ 1] The City of Harvey has appealed from an order granting, in part, Kyle Fet-tig’s motion to suppress evidence. We dismiss the appeal because the City’s notice of appeal was not accompanied by a statement of the prosecuting attorney as required by N.D.C.C. § 29-28-07(5).

[¶ 2] In the early morning hours of November 5,1999, Harvey police officer Marc Balfour noticed a pickup driving without lights. He activated his overhead lights and the pickup stopped near one side of the street, but with part of the pickup still in the driving lane. Balfour approached the vehicle but…