State v. Fox, 2017 NMCA 29

On Aug. 16, 2012, defendant and friends were changing a tire when Kevin Reardon was fatally stabbed; defendant later admitted stabbing Kevin but said it happened when Kevin charged at him while "huffing" Dust‑Off.
Defendant went to a neighbor visibly frightened and holding a bloody knife; he told the neighbor he stabbed his friend and that Kevin charged into the knife.
Police found Dust‑Off cans on the property and a black backpack containing Dust‑Off cans; Kevin initially identified defendant as his assailant before dying.
From jail, defendant called his girlfriend Tiffany and asked her to remove his backpack or claim it belonged to someone else; he later told her to "tell the truth" if asked by police.
A jury convicted defendant of voluntary manslaughter (lesser included of second‑degree murder) and solicitation to commit tampering with evidence; defendant appealed arguing insufficient evidence and voluntary renunciation of the solicitation.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for voluntary manslaughter	State: evidence showed defendant killed Kevin and provocation/sudden fear supported voluntary manslaughter instead of murder	Defendant: killing was justified self‑defense or at most involuntary manslaughter	Affirmed — viewing evidence in State's favor, jury could find provocation and reject self‑defense because a reasonable person would not have used a knife when the victim had no weapon
Sufficiency of evidence for solicitation to tamper with evidence	State: defendant solicited Tiffany to hide/claim ownership of backpack to prevent prosecution; tampering can be a stand‑alone (indeterminate) felony	Defendant: tampering related only to inhalant possession (a misdemeanor), so solicitation of a felony cannot be proven; alternatively, he renounced the solicitation	Affirmed — sufficient evidence that defendant intended Tiffany to conceal and misrepresent ownership; tampering can be a stand‑alone offense punishable as related to an indeterminate felony; renunciation defense was not proven or preserved

State v. Abeyta, 901 P.2d 164 (N.M. 1995) (self‑defense justification requires all elements, including reasonable use of force)
State v. Melendez, 643 P.2d 607 (N.M. 1982) (provocation reducing murder to voluntary manslaughter requires uncontrollable fear or extreme emotion affecting reason)
State v. Cotton, 790 P.2d 1050 (N.M. Ct. App. 1990) (solicitation is complete upon the request and need not be carried out)
State v. Jackson, 237 P.3d 754 (N.M. 2010) (Section 30‑22‑5(B)(4) can apply where no underlying crime is identified)
State v. Radosevich, 376 P.3d 871 (N.M. Ct. App. 2016) (tampering with evidence may be a stand‑alone crime tied to an indeterminate offense)