State v. Frazier

OPINION

BOSSON, Justice.

{1} This appeal continues our historically close scrutiny of the New Mexico felony murder statute. See State v. Contreras, 120 N.M. 486, 903 P.2d 228 (1995); State v. Ortega, 112 N.M. 554, 817 P.2d 1196 (1991); State v. Harrison, 90 N.M. 439, 564 P.2d 1321 (1977). In Contreras, we held that double jeopardy principles prohibit convicting a defendant of both felony murder and the predicate felony on which the felony murder is based, at least not when the underlying conduct is unitary. 120 N.M. at 491, 903 P.2d at 233. Today we inquire, for the first time, whether the…