State v. Sena

OPINION

PAYNE, Chief Justice.

This appeal arises from the murder conviction of Rudolph Sena. The primary issue is the proper application of the “depraved mind” theory of first degree murder, Section 30-2-1, N.M.S.A.1978 (Cum.Supp.1982).

In March 1980, Sena, a woman, and another man entered a bar through the front entrance. The woman was holding a drink and the doorman did not allow her to enter with the drink. A dispute arose and Sena hit the doorman. The doorman then sprayed Sena with mace, hit him with a flashlight, and threw him out of the door. Within a few seconds, Sena returned with a gun.…