1992) (requirements for taking appeal phrased in neutral terms; additional requirements for State appeals apply only to interlocutory appeals from suppression orders or orders to return seized property); SCRA 12-216; State v. Alvarez, 113 N.M. 82, 84, 823 P.2d 324, 326 (Ct.App.) (State is an aggrieved party and has a constitutional right of appeal from dismissal with prejudice), cert. denied, 113 N.M. 23, 821 P.2d 1060 (1991). But see State v. Baca, 92 N.M. 743, 745, 594 P.2d 1199, 1201 (Ct.App. 1979) (indicating, in dicta and by implication, that the dismissal of appeals by the State should be treated differently from dismissals of appeals by defendants). We do not believe that Baca supports such differential treatment, for two reasons.

See Lowe v. Bloom, 110 N.M. 555, 798 P.2d 156 (1990); see also Marquez v. Gomez, 111 N.M. 14, 801 P.2d 84 (1990). We decline to hold that an effective means of controlling our backlog is by dismissing appeals because a document was filed in this court a few days late. Cf. State v. Baca, 92 N.M. 743, 594 P.2d 1199 (Ct.App. 1979) (state's appeal in criminal case dismissed where unexcused delay of ninety days was considered extreme). We believe the holding urged by defendant would be inconsistent with recent supreme court precedent.