State v. Wyrostek

OPINION

BACA, Justice.

The State appeals from the district court’s pretrial order finding and concluding that a sentence of death imposed upon defendantappellee, Vance Wyrostek, would be excessive and disproportionate when compared to the penalties imposed in similar first-degree murder cases. The State sought an interlocutory appeal of the district court’s order. The Court of Appeals granted the State’s application for interlocutory appeal and certified this case to our Court pursuant to NMSA 1978, Section 34-5-14(0) (Repl. Pamp.1990) (granting the Supreme Court appellate jurisdiction if the…