State v. Montoya, 306 P.3d 426

Defendant Montoya, with others, engaged in a July 15, 2007 gunfight near his home after rival gang members drove by and confronted him and his group.
Delgado, a driver in a hostile exchange, was shot seven times and killed; Montoya retrieved an AK-47 and fired at the pursuing Expedition.
Charges included shooting at a motor vehicle resulting in great bodily harm and homicide under alternative first-degree murder theories (deliberate and felony murder).
Jury instructions presented separate theories for deliberate first-degree murder, second-degree murder, voluntary manslaughter, and felony murder based on shooting into a motor vehicle.
The district court initially vacated some convictions after double jeopardy concerns, and Montoya appealed challenging multiple issues arising from unitary conduct and jury instructions.
The Supreme Court of New Mexico overruled prior precedents on double jeopardy and held which convictions survive/posture on remand.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether dual conviction for felony murder and its predicate crime based on unitary conduct is permissible	State urged Gonzales rationale allowing dual convictions	Montoya urged overruling Gonzales and its progeny	No; double jeopardy bars cumulative punishment for unitary conduct.
Whether felony murder instruction was defective for omitting provocation element	State argued provocation not required	Montoya argued essential provocation element omitted	Fundamental error; felony murder instruction lacked key provocation element.
Whether Montoya could be retried after acquittal of second-degree murder	State sought retrial on felony murder	Montoya asserted double jeopardy after acquittal	Double Jeopardy precludes retrial for felony murder following acquittal of second-degree murder.
Which conviction to reinstate given double jeopardy and unitary conduct	State favored reinstating all valid convictions	Montoya urged different reinstatement based on punishment severity	Reinstate shooting at a motor vehicle; vacate voluntary manslaughter; cannot reinstate lesser manslaughter.

State v. Gonzales, 113 N.M. 221 (1992) (overruled: dual convictions for felony murder and predicate offense unacceptable)
State v. Dominguez, 137 N.M. 1 (2005) (divided opinions on Gonzales doctrine; double jeopardy concerns grow)
State v. Riley, 147 N.M. 557 (2010) (deviations from Gonzales; overrule urged)
State v. Swick, 279 P.3d 747 (2012) (overruled Armendariz; double jeopardy requires broader inquiry)
State v. Contreras, 903 P.2d 228 (1995) (unitary conduct precludes felony murder and underlying felony)
State v. Frazier, 142 N.M. 120 (2007) (dual convictions for felony murder and predicate offenses analyzed)
State v. Santillanes, 130 N.M. 464 (2001) (one death limits convictions for multiple homicide)
State v. Gutierrez, 150 N.M. 232 (2011) (rethinks double jeopardy, moves away from strict Blockburger)
State v. Varela, 128 N.M. 454 (1999) (death as harm; drive-by shooting offenses connected to personal harm)
State v. Armendariz, 140 N.M. 182 (2006) (overruled by Swick; classic dual offense analysis rejected)
Ashe v. Swenson, 397 U.S. 436 (1970) (collateral estoppel protects against reprosecution after acquittal)