Appeals procedure.

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(1) Any appeal, either by the state or the cited person, from a judgment entered pursuant to this part 5 shall be processed as an appeal from the county court.

  1. The district attorney or deputy district attorney shall represent the state on the appeal.

  2. The state may appeal only a ruling by a magistrate that declares a state statute unconstitutional or unenforceable. Whether or not to appeal shall be in the discretion of the district attorney.

Source: L. 82: Entire section added, p. 654, § 2, effective January 1, 1983. L. 91: (3) amended, p. 358, § 15, effective April 9.


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