State v. Gallegos

OPINION

FRY, Judge.

{1} Defendant Annette Gallegos appeals from a conviction of involuntary manslaughter, contrary to NMSA 1978, § 30-2-3(B) (1994). She argues that the district court erroneously refused to instruct the jury on the theory of defense of another. We hold that Defendant was entitled to a jury instruction on this theory, and we therefore reverse and remand for a new trial.

BACKGROUND

{2} On January 26, 1998, Defendant and her husband, Roger Gallegos (Husband), were drinking in their mobile home with four other individuals. After several hours, three of the guests became combative and…