New Mexico v. Comitz (Published Opinion)Annotate this Case
Defendant Jason Comitz was convicted of first-degree felony murder (by shooting at a dwelling) and second-degree murder for the death of the same person, four counts of aggravated battery of two other victims, two counts of aggravated assault of the same two victims, two counts of conspiracy to commit aggravated battery of the same two victims, and one count each of conspiracy to commit aggravated assault, shooting at a dwelling, conspiracy to shoot at the same dwelling, and child abuse. The New Mexico Supreme Court was asked to address: (1) whether the State’s evidence was sufficient to prove the crime of shooting at a dwelling and conspiracy to shoot at a dwelling; (2) whether multiple convictions violated Defendant’s right under the United States Constitution to be free from double jeopardy; and (3) whether the district court erred in failing to declare a mistrial on grounds that the State allegedly elicited bad-act evidence in violation of its pretrial ruling. The Supreme Court affirmed Defendant’s convictions of second-degree murder under Count 1, one count of aggravated battery under Count 3, one count of aggravated battery under Count 4, one count of conspiracy to commit aggravated battery under Count 5, one count of aggravated assault under Count 6, one count of aggravated assault under Count 7, and one count of child abuse under Count 9, together with the associated firearm enhancements as decided by the jury. The Court vacated Defendant’s other convictions. The matter was remanded to the district court for further proceedings.