New Mexico v. Tafoya
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Defendant Julian Tafoya shot and killed Andrea Larez, and shot and injured Crystal Brady. Larez and Brady were sitting in the front of a car and Defendant and his girlfriend, Kaprice Conde, were sitting in back. Defendant was convicted by a jury of first degree felony murder with the predicate felony of "shooting at or from a motor vehicle," attempted first degree murder, and tampering with evidence. The trial court also found Defendant guilty of being a felon in possession of a firearm after the jury issued a special verdict finding that Defendant committed his crimes with a firearm. Defendant was sentenced to life imprisonment plus seventeen and one-half years. Defendant appealed his convictions to the Supreme Court. Defendant argued: (1) his felony murder conviction should be reversed because shooting entirely within a motor vehicle is neither shooting "at" nor "from" a motor vehicle pursuant to statute, and therefore cannot serve as the predicate felony for his felony murder conviction; (2) there was insufficient evidence of deliberation to support his conviction for attempted first degree murder. Upon review, the Supreme Court agreed with Defendant on both arguments raised, and reversed his first degree murder conviction for entry of second degree murder.
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