State v. Roberts

SMART, Judge.

This appeal is before us as an interlocutory appeal by the State of the granting of a motion to suppress evidence. The State takes this appeal pursuant to § 547.200.1(2), RSMo 1994 1 , which provides that an appeal may be taken by the State “from any order or judgment the substantive effect of which results in ... suppressing evidence.”

Matthew J. Roberts is charged with one count of felony animal abuse, § 578.012, and, in the alternative, with one count of misdemeanor animal abuse, § 578.012. At the conclusion of a pretrial hearing on Roberts’ motion to suppress, the trial court…