State v. Bicknell

I respectfully dissent. I believe this appeal was not timely perfected by the State and should be dismissed.

On August 15, 2002, the district court granted the motion to suppress evidence derived from the two search warrants issued in this case. On August 23, 2002, the prosecutor filed for permission to appeal pursuant to I.A.R. 12. A hearing on the motion was heard August 26. The defense objected saying this was the wrong rule to proceed under. The district court entered an order on September 11, 2002, granting the permissive appeal. The State filed a motion for permissive appeal with the…