State v. Lopez

OPINION

JACOBSON, Presiding Judge.

This case is before us at this time on ap-pellee’s motion to dismiss the State’s appeal for lack of jurisdiction. Normally such a motion would be disposed of by an order, but because of the significant jurisdictional issue involved, we believe an opinion is warranted in this case.

The appeal herein is by the State from an order of the Superior Court dismissing this prosecution against the appellee with prejudice. The appeal was properly perfected procedurally, and the only question is whether the order sought to be appealed from is an appealable order.

The order…