State v. Montoya
2013 NMSC 020
N.M.2013Background
- Defendant Montoya shot at a motor vehicle during a confrontation following a gang-related incident; Diego Delgado died from multiple gunshot wounds in the ensuing events.
- Defendant’s brother was wounded in the initial exchange; the shooting escalated to gunfire directed at a vehicle with Delgado.
- Nine felony counts included shooting at a motor vehicle resulting in great bodily harm and homicide theories (deliberate first-degree murder or felony murder).
- Trial court instructed separately on deliberate first-degree murder and a felony-murder theory based on shooting into a motor vehicle, with a step-down to second-degree murder and voluntary manslaughter.
- Jury found both voluntary manslaughter and felony murder; district court later vacated the manslaughter and shooting-at-motor-vehicle convictions, leaving only felony murder, which was subsequently reversed for double jeopardy reasons; the court reinstated the shooting-at-a-vehicle conviction and vacated the manslaughter conviction.
- The court ultimately vacated the felony murder conviction and reinstated the shooting-at-a-motor-vehicle conviction; the manslaughter conviction tied to the same shooting was not reinstated due to double jeopardy concerns.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether felony murder and underlying shooting into a motor vehicle can be punished together | Montoya argues Gonzales should permit cumulative punishment for both crimes. | Montoya contends Gonzales overruled; dual convictions violate double jeopardy. | Overruled Gonzales line; no cumulative punishment for unitary conduct. |
| Fundamental error in felony-murder instruction for lack of provocation element | State asserts proper instruction was given. | Defense argues omission of lack-of-provocation element in felony murder instruction was fatal. | Fundamental error; felony-murder conviction reversed. |
| Double Jeopardy: acquittal of second-degree murder bars retry for felony murder | State would retry felony murder given acquittal of second-degree murder. | State cannot retry greater offense after implied acquittal on lesser offense. | Acquittal of second-degree murder bars retrial for felony murder; must vacate. |
| Whether reinstating both manslaughter and shooting-at-motor-vehicle results violates double jeopardy | State concedes unitary conduct; multiple punishments may be allowed. | Punishing both would violate double jeopardy. | Reinstate the more severe conviction (shooting at a motor vehicle); vacate manslaughter. |
| Impartiality of juror and ineffective assistance claims | Claims rejected or resolved on collateral grounds; no reversible error found. |
Key Cases Cited
- State v. Gonzales, 113 N.M. 221 (N.M. 1992) (overruled rationale on double punishment for drive-by shooting and murder)
- State v. Dominguez, 137 N.M. 1 (N.M. 2005) (double jeopardy concerns with felony murder and underlying felony)
- State v. Riley, 147 N.M. 557 (N.M. 2010) (growing disfavor with Gonzales; need for reconsideration)
- State v. Santillanes, 130 N.M. 464 (N.M. 2001) (one death, one homicide conviction generally disallowed)
- State v. Contreras, 120 N.M. 486 (N.M. 1995) (unitary conduct cannot support felony murder and underlying felony)