State of New Mexico, Plaintiff-Appellee v. Steven Degraff, Defendant-Appellant

Summary

The court held that the prosecutor improperly commented on the defendant's protected pre-arrest and post-Miranda silence, but the unpreserved comments did not constitute fundamental error because their prejudicial effect was minimal and the evidence was overwhelming. The court also held that felony murder and aggravated burglary were based on distinct conduct, while three of the five tampering convictions arose from separate acts and the three disposed weapons constituted only one tampering offense. The felony murder and aggravated burglary convictions were affirmed, and the case was remanded to dismiss two tampering convictions. Justice Chávez, joined by Chief Justice Bosson, would have vacated the aggravated burglary conviction as barred by double jeopardy.