State of New Mexico, Plaintiff-Respondent v. Michael Swick, Defendant-Petitioner

Summary

The court held that several of Swick’s convictions violated double jeopardy because the aggravated batteries were subsumed within the attempted murders and the aggravated burglary convictions arose from a single unauthorized entry. It also held that the omission of “without sufficient provocation” from the second-degree-murder instruction was fundamental error requiring a new trial, but upheld the refusal to give a self-defense instruction and the denial of a mistrial. No separate opinions were filed.