AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The State of New Mexico filed interlocutory appeals in two criminal cases after the district court suppressed critical evidence before trial. In both cases, the State failed to include the required district attorney's certification with the notice of appeal, which led to the Court of Appeals dismissing the appeals for lack of jurisdiction. The certification was meant to assure that the appeal was not for the purpose of delay and that the evidence suppressed was substantial proof of a material fact in the proceeding.

Procedural History

• State v. Vasquez, 2012-NMCA-107, 288 P.3d 520: The Court of Appeals dismissed the State's appeal for lack of jurisdiction due to the absence of the district attorney's certification.
• State v. Perez, No. 31,678, mem. op. (N.M. Ct. App. Sept. 19, 2012) (non-precedential): Similarly, the Court of Appeals dismissed the State's appeal for the same reason as in Vasquez.

Parties' Submissions

• Plaintiff-Petitioner (State of New Mexico): Argued that the failure to include the district attorney's certification with the notice of appeal should not result in dismissal of the appeal, as this was a technical deficiency that was corrected before the appellate court heard the State’s appeal.
• Defendant-Respondent (Armando Vasquez and Armando Perez): Argued for the dismissal of the State's appeal based on the lack of jurisdiction due to the State's failure to include the necessary certification with the notice of appeal.

Legal Issues

• Whether the Court of Appeals has jurisdiction to hear an interlocutory appeal when the State fails to include the required district attorney's certification with the notice of appeal.
• Whether the failure to include the district attorney's certification with the notice of appeal constitutes a mandatory precondition that must be satisfied before the appellate court can hear the appeal.

Disposition

• The Supreme Court of the State of New Mexico reversed the dismissals by the Court of Appeals and remanded for further proceedings, holding that the appeals should not have been dismissed for lack of jurisdiction due to the State's failure to include the district attorney's certification with the notice of appeal.

Reasons

• The Supreme Court found that the certification requirement does not define subject matter jurisdiction or establish a mandatory precondition to an interlocutory appeal. The Court determined that the failure to attach the certification to the notice of appeal was a technical violation that did not affect the substantive rights of the parties. The Court emphasized that sanctions against the offending attorneys, rather than dismissal of the appeal, would be a more appropriate response to ensure compliance with the rules. The Court also noted that the State's intent to appeal could be fairly inferred from the record, and the defendants were not prejudiced by the technical error. Therefore, the Court concluded that the appeals should proceed on their merits (paras 16-36).