New Mexico Supreme Court

State v. Comitz

May 23, 20192019 NMSC 011

Summary

The New Mexico Supreme Court vacated Jason Comitz’s felony‑murder conviction and his convictions for shooting at a dwelling and conspiracy to shoot at a dwelling because the State failed to prove those offenses beyond a reasonable doubt. It also vacated one aggravated‑battery conviction per victim for double‑jeopardy, upheld a single conspiracy conviction for aggravated battery, and affirmed the remaining convictions, finding no abuse of discretion in the trial court’s denial of a mistrial. The Court remanded for further proceedings consistent with these holdings.