This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
A deadly shooting occurred at a house party in Las Cruces, New Mexico, on July 31, 2021. During a fight, multiple gunshots were fired, resulting in the death of Nicodemus Gonzales and damage to Jayissa Borrunda's car. Bullet casings from two different calibers were found, but forensic analysis could not determine which caused the fatal injury. Witnesses testified seeing the Defendant and his cousin brandishing guns with laser sights. The Defendant was charged as a Serious Youthful Offender with first-degree murder and other offenses (paras 5-11).
Procedural History
- District Court, Doña Ana County: The Defendant was convicted of first-degree felony murder, aggravated assault, two counts of conspiracy, and shooting at a motor vehicle (para 12).
Parties' Submissions
- Defendant-Appellant: Argued that aggravated assault cannot serve as the predicate felony for felony murder, challenged the sufficiency of evidence for conspiracy and shooting at a motor vehicle, raised a double jeopardy challenge, contested the legality of a firearm enhancement, and claimed a Batson violation (paras 1-2).
- Plaintiff-Appellee: Conceded that the felony murder conviction must be vacated but argued that retrial is permissible. Defended the sufficiency of evidence for other convictions and the legality of the jury's findings (paras 3, 17-18, 49, 52, 54, 76).
Legal Issues
- Can aggravated assault serve as the predicate felony for felony murder?
- Does double jeopardy bar retrial after a conviction for a nonexistent crime?
- Was there sufficient evidence to support the Defendant's conspiracy and shooting at a motor vehicle convictions?
- Was the four-year firearm enhancement legally imposed?
- Did the prosecutor violate Batson by striking a Black juror?
Disposition
- The Defendant's felony murder conviction was vacated.
- Retrial on felony murder or a lesser-included offense is permissible.
- One conspiracy conviction was vacated.
- The four-year firearm enhancement was reversed.
- The remaining convictions were affirmed (paras 3-4, 38, 50, 53, 82).
Reasons
Per Bacon J. (Thomson C.J., Vigil, Vargas, and Zamora JJ. concurring):
The Court held that aggravated assault is a noncollateral felony and cannot serve as the predicate for felony murder, thus vacating the Defendant's conviction (paras 14-16). Double jeopardy does not bar retrial for a nonexistent crime, as it is considered trial error, not an acquittal (paras 17-38). The evidence was insufficient to support one of the conspiracy convictions, leading to its vacatur (paras 49-51). The district court lacked statutory authority for a four-year firearm enhancement, warranting reversal (paras 52-53). The evidence supported the shooting at a motor vehicle conviction, and there was no double jeopardy violation (paras 54-70). The Batson challenge was denied as the Defendant failed to prove racial discrimination (paras 71-78).