STATE v. VASQUEZ

Nos. 33,796, 33,870.

326 P.3d 447 (2014)

2010-NMSC-010

STATE of New Mexico, Plaintiff-Petitioner, v. Armando VASQUEZ, Defendant-Respondent. and State of New Mexico, Plaintiff-Petitioner, v. Armando Perez, Defendant-Respondent.

Supreme Court of New Mexico.

April 4, 2014.


Attorney(s) appearing for the Case

Gary K. King , Attorney General, Margaret E. McLean , Assistant Attorney General, Joel Jacobsen , Assistant Attorney General, Santa Fe, NM, for Petitioner.

Jorge A. Alavarado , Chief Public Defender, Mary Barket , Assistant Appellate Defender, Santa Fe, NM, for Respondent Armando Vasquez.

Nina Lalevic , Assistant Appellate Defender, Santa Fe, NM, for Respondent Armando Perez.


OPINION

BOSSON, Justice.

{1} In a criminal prosecution, when the court suppresses the State's evidence before trial, the State would be denied any appellate review if there were no mechanism for interlocutory appeal, because double jeopardy would bar a State's appeal after trial. However, if the State were allowed to appeal every decision to suppress evidence, no matter how trivial, then interminable delays might prejudice the accused's constitutional...

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