State of New Mexico, Plaintiff-Appellee v. Julian Tafoya, Defendant-Appellant

Summary

The court held that shooting entirely within a vehicle does not constitute shooting "at or from a motor vehicle" under the predicate-felony statute, so the felony-murder conviction could not stand; it remanded for entry of judgment on second-degree murder. It also held that the evidence did not establish deliberation for attempted first-degree murder, requiring entry of judgment on attempted second-degree murder. The court rejected the double-jeopardy and ineffective-assistance claims and remanded for proceedings consistent with the opinion.