State v. Elmquist

OPINION

BLACK, Judge.

Defendant appeals his conviction for shooting at an occupied building, in violation of NMSA 1978, Section 30-3-8 (Cum. Supp.1991). He contends the instructions given to the jury omitted an essential element of the crime because the instructions did not require that the jury find he knew or should have known the building was occupied at the time of the shooting. Under the instructions given, the jury had only to determine that he willfully discharged a firearm at the building, and that the building was occupied. Defendant argues that Section 30-3-8 proscribes shooting at a…