State v. Pina

SUBSTITUTE OPINION

THE COURT’S PRIOR OPINION DATED JULY 8, 2009, IS HEREBY WITHDRAWN

W. JONES, Justice.

I. NATURE OF CASE

Appellant Juan Carlos Fuentes Pina (Pina) appeals from his conviction of first-degree felony murder following the shooting death of Jesse Naranjo by Johnny Shores. Pina *142raises three issues on appeal: 1) whether the district court erred in applying the proximate cause rather than the agency theory of felony murder, 2) whether the district court erred in instructing the jury that Pina could be convicted of felony murder if “during the commission or attempted commission of the…