New Mexico v. Baroz
Annotate this CaseA jury convicted defendant Benjamin David Baroz III of felony murder based on the predicate felony of shooting at or from a motor vehicle, two counts of aggravated assault with a deadly weapon, and possession of drug paraphernalia. The conviction of shooting at or from a motor vehicle was vacated on double jeopardy grounds. Defendant argued on appeal of those convictions that he was entitled to a new trial because: (1) shooting at or from a motor vehicle cannot serve as a predicate felony for felony murder; (2) the evidence was insufficient to support a conviction of second-degree murder; (3) the district court erred in denying his request for a jury instruction on self-defense; (4) the one-year firearm enhancements on his sentences for aggravated assault with a deadly weapon violated double jeopardy; and (5) the State should not have been allowed to impeach his trial testimony with a statement obtained in violation of his Miranda rights. After review, the New Mexico Supreme Court vacated Defendant’s felony murder conviction and ordered that a conviction of second-degree murder be entered instead. The Court affirmed the district court’s holdings that: (1) Defendant was not entitled to a self-defense instruction; (2) the imposition of a one-year firearm enhancement on an aggravated assault with a deadly weapon conviction did not violate double jeopardy; and (3) the statements Defendant made after invoking his right to remain silent were voluntary and could be used for impeachment.
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