State v. Montoya

OPINION {1} We granted the State's petition for certiorari review of the Court of Appeals' memorandum opinion in this case and conduct our review pursuant to Rule 12-216(B) NMRA (jurisdictional questions are excepted from the rule requiring preservation for appellate review). We are called upon to examine a magistrate court's written order to determine whether it is an appealable final order of dismissal or a non-final unappealable, order of suppression. The Court of Appeals determined that the order from the magistrate court was not an appealable final order. We disagree. The order, on its face, is a final order. The State was entitled to appeal this order to the district court. For the reasons discussed below, we reverse the Court of Appeals.