572 P.3d 974
N.M.2025Background
- Defendant Mawu Ekon Revels was convicted of first-degree felony murder, aggravated assault, two counts of conspiracy, and shooting at a motor vehicle for a fatal incident at a house party in Las Cruces, New Mexico.
- The first-degree felony murder conviction was predicated on aggravated assault, which involved brandishing a firearm and causing a partygoer, Borrunda, to fear for her safety as she attempted to drive away; a second victim died as a result of the shooting.
- The jury acquitted Defendant of willful and deliberate murder but convicted him on the felony murder theory, as well as accessory-related charges. He was sentenced as a serious youthful offender.
- Defendant challenged both the legal sufficiency of using aggravated assault as a predicate for felony murder and the sufficiency of evidence supporting conspiracy and shooting at a vehicle.
- Other issues included whether double jeopardy barred retrial after reversal for a 'nonexistent crime,' the validity of a four-year firearm sentence enhancement, and a Batson challenge related to jury selection.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Felony murder predicate (aggravated assault) | Valid to use aggravated assault as predicate for felony murder. | Aggravated assault can never be predicate for felony murder; conviction should be vacated. | Conviction vacated—aggravated assault is a noncollateral felony and cannot support felony murder. |
| Double jeopardy after reversal for 'nonexistent crime' | Retrial/resentencing appropriate; reversal not equivalent to acquittal. | Double jeopardy and 'direct remand rule' bar retrial/resentence; it's equivalent to acquittal. | No double jeopardy bar; reversal for nonexistent crime is trial error, retrial/remand permitted (except acquitted) |
| Sufficiency of evidence for conspiracy and shooting | Evidence supported both conspiracy charges and shooting at a vehicle. | Not enough evidence for two separate conspiracy charges or for Defendant himself shooting at vehicle. | One conspiracy conviction vacated—only one agreement proven; shooting at vehicle conviction affirmed. |
| Four-year firearm sentencing enhancement | Court had authority to impose four-year firearm enhancement. | Enhancement should be only one year for a youthful offender; four-year term illegal. | Four-year enhancement vacated; court only had discretion for one year. |
| Batson jury strike | Peremptory challenge was for neutral reasons, not race. | State failed to provide sufficient race-neutral justification for striking Black juror. | Batson challenge denied; defense failed to make prima facie showing and State gave valid neutral reasons. |
Key Cases Cited
- State v. Campos, 122 N.M. 148 (N.M. 1996) (established the collateral-felony doctrine—certain felonies, including assault, cannot serve as the predicate for felony murder)
- State v. Bravo, 141 N.M. 801 (N.M. 2007) (reaffirmed the collateral-felony doctrine and its application to felony murder)
- State v. Groves, 478 P.3d 915 (N.M. 2021) (explained the need for a felonious purpose different from endangering the victim's physical health)
- State v. Gallegos, 149 N.M. 704 (N.M. 2011) (held that multiple crimes often are the object of a single conspiracy)
- State v. Salas, 148 N.M. 313 (N.M. 2010) (set out the Batson challenge framework for jury selection)
- State v. Montoya, 345 P.3d 1056 (N.M. 2015) (articulated the standard for sufficiency of evidence review in criminal cases)