State v. GROSSETETE

OPINION

SUTIN, Chief Judge.

{1} The State appeals the district court’s order denying and dismissing its petition to revoke Defendant John Grossetete’s probation. We directed the parties to file supplemental briefs regarding the State’s right to appeal in this case. We hold that the order appealed from does not fall under NMSA 1978, § 39-3-3(B) (1972), and is not a disposition contrary to law. See State v. Horton, 2008-NMCA-061, ¶¶ 1, 2, 9, 22, 144 N.M. 71, 183 P.3d 956 (analyzing whether the State had asserted a constitutional right to appeal a disposition contrary to law); State v.…