State v. Vasquez, 326 P.3d 447

State sought interlocutory appeals from suppression decisions in Vasquez and Perez, but failed to attach or timely file the required certification to the notices of appeal.
In Vasquez, the district court excluded two witnesses crucial to the State’s case and the State filed an interlocutory appeal the same day; certification was not attached to the notice of appeal.
In Perez, the district court excluded the minor’s testimony after a competency finding and the State filed an interlocutory appeal without certification; amended orders later addressed the certification issue.
Court of Appeals dismissed the Vasquez and Perez interlocutory appeals for lack of jurisdiction due to the missing certification, prompting the State to seek certiorari.
The New Mexico Supreme Court held that certification is not a jurisdictional prerequisite or mandatory precondition; the proper remedy is case-by-case sanctions or review to preserve substantive rights, not automatic dismissal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is the certification attachment a jurisdictional precondition?	State contends attachment is not jurisdictional and can be cured.	Vasquez/Perez contend attachment is mandatory precondition.	Not jurisdictional; can be cured; jurisdiction preserved on fair-inference showing.
Should failures to attach certification lead to dismissal or sanctions?	State argues sanctions or correction without dismissal are appropriate.	Vasquez/Perez advocate dismissal for noncompliance.	Favor sanctions approach; not dismissal; case-by-case analysis.
What remedy should apply when certification defects occur?	State seeks to preserve right to appeal with remedial correction.	Court should dismiss defective appeals to enforce rules.	Reverse dismissals and remand; sanctions potential in future; weigh prejudice and intent.

Govich v. N. Am. Sys., Inc., 1991-NMSC-061 (N.M. 1991) (nonfatal technical violations may be harmonized with merits-based review)