(DOWNLOAD) "State v. Alvarez" by New Mexico Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Alvarez
- Author : New Mexico Court of Appeals
- Release Date : January 04, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
On August 30, 1990, the trial court entered an order suppressing evidence law enforcement officers seized pursuant to a search warrant. On September 13, 1990, the state filed a notice of appeal. The state argues that the affidavit supporting the warrant contained sufficient information to establish probable cause. During the calendaring process, this court raised the issue of whether we should dismiss the states appeal for failure to timely file a notice of appeal. See NMSA 1978, 39-3-3(B) (Repl. Pamp. 1991); Rice v. Gonzales, 79 N.M. 377, 444 P.2d 288 (1968) (court will sua sponte consider whether it properly has jurisdiction). The parties have briefed both issues. The states position rests on the premise that an appeal from a suppression order is a constitutional appeal as of right. Defendants rejoinder is that there is no constitutional appeal as of right from a suppression order. We agree with defendant. We dismiss the appeal as non-timely and do not reach the question of whether probable cause supported the search warrant.
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