State v. Ahasteen

OPINION

PICKARD, J.

{1} The issue we decide today is whether the district court’s order remanding Defendant’s misdemeanor driving while intoxicated (DWI) trial to magistrate court is an order from which the State may appeal. We also discuss a prosecutor’s discretion to file misdemeanor charges in either magistrate court or in district court and whether the limits placed upon that discretion were violated in this case. We hold that the district court’s order effectively dismissed the charges and, under the doctrine of practical finality, this Court has jurisdiction to review the State’s appeal.…