New Mexico Supreme Court
State v. Torrez
June 27, 20132013 NMSC 34
Summary
The court affirmed Torrez's convictions for felony murder and tampering with evidence and affirmed the jury's shooting-at-a-dwelling verdict while remanding for correction of the felony classification in the judgment. It held that retrial under alternative first-degree-murder theories and the separate shooting conviction did not violate double jeopardy because the first trial produced only a general murder verdict and the separate shooting conviction involved a different victim and harm. The court also upheld the refusals to give requested jury instructions, rejected the compulsory-process claim, and found sufficient evidence for all convictions.