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

• In the early hours of September 15, 2005, nine shots were fired into a bedroom window of an apartment in Clovis, resulting in the death of ten-year-old Carlos Perez, who was sleeping in the room he shared with his older brother, Ruben Perez, the intended victim. Two groups were involved in the shooting: one in a Suburban and the other in a Camry. The day before the shooting, an altercation occurred between Orlando Salas and Ruben Perez. Following this, Orlando, along with others, expressed a desire to target Ruben. Defendant Noe Torres, along with Edward Salas and two others, drove to the apartment complex in a Camry. After the shooting, Defendant fled to Mexico but was arrested more than six years later and brought back to New Mexico for trial (paras 3-10).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Defendant-Appellant: Argued that several convictions violated constitutional protections against double jeopardy, were not supported by sufficient evidence, and contended that trial errors and constitutional rights violations occurred, including being shackled during trial and not being allowed to attend sidebar conferences with counsel. Also argued that a prior felony used for sentence enhancement was time-barred (para 13).
• Plaintiff-Appellee: Contended that the convictions did not violate double jeopardy protections, were supported by sufficient evidence, and that no trial errors or constitutional rights violations that would merit overturning the convictions occurred. Agreed that the habitual offender sentence enhancement was in error due to the time elapsed since the prior felony conviction (paras 14-72).

Legal Issues

• Whether convictions for both attempted murder and resulting murder from the same act violate double jeopardy protections.
• Whether convictions for causing death by shooting at a dwelling and for first-degree murder of the same victim constitute double jeopardy.
• Whether multiple conspiracy convictions from a single criminal conspiracy violate double jeopardy protections.
• Whether the evidence was sufficient to support the convictions.
• Whether trial errors or constitutional rights violations occurred that would merit overturning the convictions.

Disposition

• Conviction for shooting at a dwelling resulting in death vacated due to double jeopardy.
• Convictions for first-degree murder of Carlos Perez and attempted first-degree murder of Ruben Perez affirmed.
• Conviction for conspiracy to shoot at a dwelling vacated due to double jeopardy.
• Habitual offender sentence enhancement vacated due to error in application of the habitual offender statute.
• Remaining convictions affirmed and case remanded for entry of an amended judgment and sentence (paras 28, 33, 40, 73-74).

Reasons

• The Supreme Court of New Mexico held that convicting and punishing for both attempted murder and the resulting murder from the same act does not violate double jeopardy protections when the victims are different. However, multiple punishments for causing death by shooting at a dwelling and for first-degree murder of the same victim, as well as multiple conspiracy convictions from a single conspiracy, do violate double jeopardy protections. The Court found sufficient evidence to support the convictions of first-degree murder, attempted first-degree murder, conspiracy to commit first-degree murder, and unlawful transportation of a firearm. The Court also addressed and dismissed claims of trial errors and constitutional rights violations, including issues related to shackling during trial and not being allowed to join counsel at sidebar conferences. The habitual offender sentence enhancement was vacated due to the misapplication of the habitual offender statute, as more than ten years had elapsed since Defendant's discharge from probation for a prior felony and the date of conviction in the current case (paras 14-72).