AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The Defendant was convicted for shooting at a motor vehicle resulting in great bodily harm (death). This case represents the Defendant's second appeal following the Supreme Court's vacating of his initial conviction for felony murder and remanding for entry of an amended sentence reflecting only the conviction for shooting at a motor vehicle (para 1).

Procedural History

• State v. Montoya, 2013-NMSC-020, 306 P.3d 426: The Supreme Court vacated Defendant’s conviction for felony murder and remanded for entry of an amended sentence reflecting only his conviction for shooting at a motor vehicle (para 1).

Parties' Submissions

• Defendant-Appellant: Argued that sentencing under NMSA 1978, Section 31-18-15(A)(4) for a conviction under NMSA 1978, Section 30-3-8(B) constitutes double jeopardy (para 2).
• Plaintiff-Appellee: [Not applicable or not found]

Legal Issues

• Whether sentencing the Defendant under NMSA 1978, Section 31-18-15(A)(4) for his conviction under NMSA 1978, Section 30-3-8(B) constitutes double jeopardy (para 2).

Disposition

• The Defendant's sentence was affirmed (para 3).

Reasons

• Per BUSTAMANTE, J. (VIGIL, C.J., and SUTIN, J., concurring): The court rejected the Defendant's double jeopardy argument based on precedent established in State v. Franco, 2016-NMCA-, ¶¶ 17-34, P.3d (No. 33,392, June 14, 2016), affirming the sentence imposed by the district court (paras 2-3).