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State v. Marquez

376 P.3d 815 (2016)

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State v. Marquez

New Mexico Supreme Court

376 P.3d 815 (2016)

Facts

J. T. Melendrez was walking through a convenience store parking lot when Eric Marquez (defendant) drove his truck into the lot. Marquez shot Melendrez once from his truck before exiting the vehicle and shooting Melendrez two more times. Melendrez died as a result of the shooting. Marquez was charged with felony shooting from a motor vehicle. Based on the shooting-from-a-motor-vehicle charge as a predicate felony, Marquez was also charged with first-degree felony murder. The trial court convicted Marquez on both charges. Marquez appealed, arguing that the crime of shooting from a motor vehicle, which is a form of aggravated battery, cannot serve as a predicate felony in support of a felony-murder charge.

Rule of Law

Issue

Holding and Reasoning (Maes, J.)

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