State v. Vasquez, 326 P.3d 447

The Supreme Court of New Mexico consolidates Vasquez and Perez interlocutory appeals challenging suppression orders.
Statute NMSA 39-3-3(B)(2) allows interlocutory appeals from suppression if a certification is made that the appeal is not for delay and the evidence is substantial proof of a material fact.
Rule 12-202(D)(1) requires the district attorney’s certification to be included with the notice of appeal.
In Vasquez and Perez, the State filed notices of appeal without the required certification attached to the notices, triggering dismissal by the Court of Appeals.
The Court of Appeals dismissed the appeals for lack of jurisdiction, citing failure to attach the certification.
This Court reverses the dismissals and remands for further proceedings, endorsing a case-by-case approach to cures and sanctions rather than automatic dismissal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does failure to attach certification defeat jurisdiction?	Vasquez: not jurisdictional; attach can be cured.	Perez: missing certification bars review.	Not jurisdictional; cure permitted in appropriate cases.
Should courts dismiss interlocutory appeals for missing certification as a mandatory precondition?	State argues it's a technical defect; not a fatal precondition.	Defendants urge dismissal for lack of proper precondition.	Not automatic dismissal; sanctions or cure possible depending on circumstances.
What remedy is appropriate when certification is missing but later corrected?	Cure should validate the appeal if intent and prejudice are clear.	Unclear timing could prejudice defendants; dismissal may be warranted absent cure.	Remand and case-by-case analysis; sanctions possible but not mandatory in these cases.

Govich v. N. Am. Sys., Inc., 112 N.M. 226, 814 P.2d 94 (1991-NMSC-061) (technical violations may be cured if intent inferred and prejudice absent)
State v. Vasquez, 288 P.3d 520 (2012-NMCA-107) (certification requirement not a strict jurisdictional bar; case-by-case approach urged)