State v. Luna

NUGENT, Chief Judge.

Defendant Julio Galaviz Luna appeals his conviction for the murder in the second degree of Ipolito Castillo. We reverse the judgment of the trial court.

Defendant Luna raises five points on appeal, including his claim that insufficient evidence supported the jury’s verdict. Since we agree with his claim of insufficiency, we need not address the remaining points, including his claim under Rule 29.-151 of ineffective assistance of counsel.

The evidence most favorable to the prosecution shows the following:

Early on the morning of August 23, 1987, a Sunday, defendant Luna, Obed…