State v. Comitz, 443 P.3d 1130

On Jan 28, 2015, Comitz fought with Manuel Ramirez at the Rael home; Comitz left but later returned with two armed companions on Feb 1, 2015.
The three men confronted the Raels on the front porch; an exchange escalated into a gunfight in which Randy Rael was killed and Paul and Manuel were wounded; ballistic evidence showed Randys fatal bullet was not from Comitz's gun.
Comitz was charged in an 11-count indictment including first-degree murder (alternatively felony murder), conspiracy counts, attempted murder/alternative aggravated-battery counts, aggravated assaults, shooting at a dwelling, and related enhancements.
The jury convicted Comitz of first-degree felony murder (by shooting at a dwelling), second-degree murder, multiple aggravated-battery and aggravated-assault counts, multiple conspiracy counts, child abuse, shooting at a dwelling, and conspiracy to shoot at a dwelling; he was sentenced to life plus additional terms.
On appeal the Court (sua sponte) reviewed sufficiency of evidence for shooting at a dwelling and conspiracy to shoot at a dwelling, addressed double-jeopardy challenges to multiple convictions and sentencing enhancements, and considered whether a mistrial was required after testimony about Comitzs motorcycle-club affiliation.

Issue	State's Argument	Comitz's Argument	Held
Sufficiency: shooting at a dwelling & conspiracy to shoot at a dwelling	Evidence of shooting in front of the house supports conviction; shooting statute can be predicate felony	Shooting at a dwelling was not proved because shooters targeted people, not the house; conspiracy to shoot at dwelling not proved	Vacated convictions for shooting at a dwelling and conspiracy to shoot at a dwelling for failure of proof
Felony-murder predicate validity	Shooting at a dwelling can be a predicate felony under collateral-felony analysis	Even if statute allows it, here it is functionally an assault on people and cannot predicate felony murder	Because predicate felony was not proved, felony-murder conviction is vacated; second-degree murder stands
Double jeopardy: multiple aggravated-battery convictions per victim	Multiple convictions were proper given alternate theories and instructions	Multiple aggravated-battery convictions for the same act violate double jeopardy	Vacated one aggravated-battery conviction per victim (retain one per victim)
Double jeopardy: multiple conspiracy convictions	State relied on separate conspiracy counts	Comitz argued a single overarching conspiracy existed	Vacated duplicate conspiracy convictions; affirmed single conspiracy to commit aggravated battery (highest object)

State v. Marquez, 376 P.3d 815 (N.M. 2016) (collateral-felony/felonious-purpose analysis limiting felony-murder predicates)
State v. Torrez, 305 P.3d 944 (N.M. 2013) (upholding shooting-at-dwelling predicate where shooter indiscriminately fired at house)
State v. Arrendondo, 278 P.3d 517 (N.M. 2012) (trajectory and multiple rounds supported intent to shoot into dwelling)
State v. Varela, 993 P.2d 1280 (N.M. 1999) (holding shooting at a dwelling not a lesser-included offense of second-degree murder)
State v. Cooper, 949 P.2d 660 (N.M. 1997) (vacating duplicate aggravated-battery convictions charged under alternative theories)
State v. Gallegos, 254 P.3d 655 (N.M. 2011) (presumption that multiple offenses arise from a single conspiracy; multifactor test to discern distinct conspiracies)
State v. Baroz, 404 P.3d 769 (N.M. 2017) (firearm sentence enhancements do not violate double jeopardy)