State v. Sandoval
150 N.M. 224
| N.M. | 2011Background
- Sandoval was convicted of second-degree murder for the shooting of McCormick during a multi-person confrontation.
- McCormick was in the back seat of the Explorer with Arbizu and Ramos; Arbizu and Ramos confronted Sandoval at a gas station.
- Arbizu and Ramos exited the Explorer with guns; Sandoval exited Girlfriend's car with a gun and shots were fired.
- McCormick’s exact role is unclear; some witnesses indicated he was pursuing something in the Explorer while others did not.
- Two self-defense and two defense of another jury instructions were given, but McCormick was omitted from the multi-assailant analysis.
- The Court of Appeals reversed, concluding the instructions were fundamental error; the NM Supreme Court reversed that ruling and held no fundamental error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether self-defense and defense of another instructions were proper | Sandoval argues multiple assailants required these instructions. | Sandoval contends the instructions failed to reflect his theory of defense. | Instructions proper to reflect multiple assailants. |
| Whether omission of McCormick as an assailant caused fundamental error | McCormick’s role as an assailant must be included to avoid misstatement of law. | McCormick could be viewed as either assailant or bystander; omission not fundamental error. | No fundamental error; conviction not miscarried. |
Key Cases Cited
- Coffin, 128 N.M. 192, 991 P.2d 477 (1999-NMSC-038) (multi-assailant self-defense instruction cautions against misstatement)
- Cooper, 128 N.M. 428, 993 P.2d 745 (1999-NMCA-159) (multiple assailants; self-defense may include threats from all attackers)
- Rudolfo, 144 N.M. 305, 187 P.3d 170 (2008-NMSC-036) (elements of self-defense; justification for instruction when reasonable doubt exists)
- Barber, 135 N.M. 621, 92 P.3d 633 (2004-NMSC-019) (fundamental error review; miscarriage of justice standard)
- Benally, 131 N.M. 258, 34 P.3d 1134 (2001-NMSC-033) (preservation and standard of review for jury instructions)
- Ellis, 144 N.M. 253, 186 P.3d 245 (2008-NMSC-032) (review evidence in light of self-defense instruction)
- Gallegos, 130 N.M. 221, 22 P.3d 689 (2001-NMCA-021) (defense of another; relation to multiple assailants)