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State v. Tafoya

285 P.3d 604 (2012)

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State v. Tafoya

New Mexico Supreme Court
285 P.3d 604 (2012)

CS

Facts

Crystal Brady, Andrea Larez, Kaprice Conde, and Julian Tafoya (defendant) were driving around Roswell, New Mexico, smoking methamphetamine and marijuana and drinking alcohol. All of them were intoxicated and had been for some time prior. Brady was driving the car with Larez in the front with her, and Conde and Tafoya were in the back. Tafoya suddenly shot Larez, killing her instantly. When Brady turned around to look toward the backseat, Tafoya immediately shot her in the face. Brady was able to crawl out of the car, and Conde and Tafoya fled in different directions. Tafoya was eventually convicted of first-degree felony murder for killing Larez with the predicate felony of shooting at or from a motor vehicle, attempted first-degree murder for shooting Brady, and additional related charges. There was no evidence presented regarding a potential motive for shooting either Larez or Brady, or regarding deliberation in undertaking the shootings, other than Tafoya’s extreme intoxication from methamphetamine, marijuana, and alcohol at the time. Tafoya was sentenced to life imprisonment plus 17-and-a-half years. He appealed, alleging that there was insufficient evidence of deliberation to support his conviction for attempted first-degree murder.

Rule of Law

Issue

Holding and Reasoning (Serna, J.)

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