State v. Sandoval

OPINION

MAES, Justice.

{1} Timothy Sandoval (Defendant) was convicted of the second-degree murder of Jeff McCormick (McCormick) contrary to NMSA 1978, Section 30-2-l(B) (1994). The central issue at trial was whether, at the time McCormick was shot, he was a mere bystander or an actual participant with the two other men involved in the altercation. The Court of Appeals determined that the self-defense and defense of another jury instructions issued at Defendant’s trial constituted fundamental error because the instructions failed “to adequately and accurately describe Defendant’s theory of…