New Mexico Supreme Court

State v. Arrendondo

May 7, 20121 N.M. Ct. App. 673

Summary

The court affirmed the convictions for first-degree murder, negligent child abuse of Jasmine, and shooting at a dwelling, but reversed the convictions for negligent child abuse of Adrian and tampering with evidence for insufficient evidence. It also reversed the assault conviction involving Nicole because the jury instruction misstated the law, while holding that the evidence was sufficient under the instruction given and permitting retrial on that count. The court affirmed the denial of a continuance, exclusion of the unidentified fragment, and new-trial motion based on ineffective assistance, and declined to review the unpreserved speedy-trial claim for fundamental error.