State v. Holtsclaw
Annotate this CaseThe State charged Defendant with four counts of drunk driving. Defendant moved to suppress the results of two breath tests, which the trial court granted. Rather than prosecute Defendant without the breath test evidence, the State dismissed the charges against him. Three days later, the State filed a notice of appeal, arguing that the trial court erred when it suppressed the breath test evidence. In response, Defendant argued that the court of appeals lacked jurisdiction to hear the State's appeal because it was untimely and not authorized by statute. The court agreed and dismissed the State's appeal. The Supreme Court vacated the opinion of the court of appeals and held that the appeal was timely and authorized by statute. Remanded for consideration of the merits of the State's appeal.
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