State v. Tafoya
2012 NMSC 030
N.M.2012Background
- Tafoya shot and killed Andrea Larez and wounded Crystal Brady on Nov. 15, 2008 in Roswell; victims were in front seat, Tafoya and Kaprice Conde in back seat; jury convicted Tafoya of felony murder (predicated on shooting at or from a motor vehicle), attempted first degree murder, and tampering with evidence, plus felon in possession of a firearm enhanced by firearm finding; sentencing of life plus 17.5 years; trial court also treated prior felonies as habitual offender for some sentencing aspects.
- Evidence showed all shots were fired within the car, from back seat to front seats; wounds indicate a single-vehicle, in-vehicle shooting; car not shown to be actively used to shoot at something or someone outside the vehicle.
- Tafoya challenged the felony murder predicate, the adequacy of deliberation for attempted first degree murder, and credibility-related defense issues; appellate remand sought for judgments on lesser included offenses and to address sentencing/assistance issues.
- Court remands to vacate felony murder and enter judgment for second degree murder; remands to enter judgment on attempted second degree murder; addresses double jeopardy and ineffective assistance arguments with rulings favorable to Tafoya in those respects.
- The court ultimately concludes that (a) shooting entirely within a vehicle falls outside Section 30-3-8(B)’s predicate felony, applying the rule of lenity; (b) there is insufficient evidence of deliberation for attempted first degree murder; (c) use of prior felonies for both habitual offender enhancement and felon in possession does not violate double jeopardy; (d) no ineffective assistance of counsel established.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether in-vehicle shooting qualifies as Section 30-3-8(B) | State urged broad construction; Tafoya contends not at/from vehicle. | Tafoya: in-vehicle shooting not covered by statute; lenity favors narrower reading. | Shooting entirely within vehicle not within the predicate; remand for second-degree murder. |
| Sufficiency of deliberation for attempted first-degree murder | State argued delib. shown (willful, premeditated/strong probability of death). | Insufficient evidence of deliberation; only rash/impulsive evidenced. | Insufficient to support first-degree; remand for attempted second-degree murder. |
| Double jeopardy from using prior felonies for Habitual Offender and felon in possession | Prior felonies used to enhance and as predicate; violates double jeopardy. | Separate convictions; no double jeopardy. | No double jeopardy; different offenses/sentencing contexts. |
| Ineffective assistance of counsel claim | Counsel failed to impeach Brady with competency history. | Counsel reasonably impeached; no prejudice shown. | No ineffective assistance established; claims rejected. |
Key Cases Cited
- State v. Haynie, 116 N.M. 746 (NM 1994) (remand for judgment on lesser included offense when evidence supports it)
- Garcia, 114 N.M. 269 (NM 1992) (deliberation framework for first-degree vs. second-degree murder)
- Adonis, 145 N.M. 102 (NM 2008) (deliberation timing and evidentiary Sufficiency in first-degree context)
- Ogden, 118 N.M. 234 (NM 1994) (statutory interpretation and language/common-sense approach)