State v. Campos

FRANCHINI, Justice (dissenting).

51. I respectfully dissent. This was not a jury trial. The trial court, in its role as the factfinder, specifically stated that it had a reasonable doubt that Campos intended to kill Gutierrez and that it also had a reasonable doubt that, at the time the acts were committed, Campos knew that his acts created a strong probability of death or great bodily harm. See NMSA 1978, § 30-2-l(B) (setting forth elements of felony murder and second-degree murder). The State did not challenge the trial court’s finding of reasonable doubt, and that finding is binding on this…