State v. Vasquez

OPINION

KENNEDY, Judge.

{1} This case presents us with an opportunity to clarify the requirements for the State to appeal a district court order suppressing material evidence under NMS A 1978, Section 39-3-3(B)(2) (1972). Section 39-3-3(B) confers our jurisdiction to hear the State’s interlocutory appeals from suppression orders as an exception to the final order doctrine while also conferring a conditional right of appeal to the State. The question in this case is whether the certification language required by Section 39-3-3(B)(2) is a mandatory precondition to the exercise of this Court’s…