State v. Montoya

Summary

The New Mexico Supreme Court vacated the defendant's felony murder conviction for failing to include a provocation element in the jury instruction, held that double jeopardy bars retrial on felony murder after an acquittal of second-degree murder, overruled Gonzales and its progeny, and reinstated the shooting‑at‑a‑motor‑vehicle conviction while vacating the lesser manslaughter conviction.