State v. Cardenas

OPINION

KENNEDY, Judge.

{1} A formal opinion in this matter was filed on February 2, 2016. We hereby withdraw that opinion and substitute it with this Opinion to correct an oversight. The victim was referred to as “Matthew Lucero” in the preceding opinion, and the correct name of victim is “Matthew Lujan.”

{2} Defendant shot and killed an unknown intruder, who he later discovered was his friend, by firing a single fatal shot through his front door in the early hours of the morning. Defendant appeals the district court’s refusal to give a defense of habitation instruction as well as an…