State v. Varela

OPINION

MINZNER, Chief Justice.

{1} Defendant appeals from a judgment and sentence entered following a jury trial at which he was convicted of felony murder, contrary to NMSA 1978, § 30-2-1(A)(2) (1963) and NMSA 1978, § 30-1-13 (1963), shooting at a dwelling, contrary to NMSA 1978, § 30-3-8 (1993) and NMSA 1978, § 30-1-3 (1963), and conspiracy, contrary to NMSA 1978, § 30-28-2 (1963). On appeal, Defendant claims that (1) the Legislature did not intend to punish causing death by shooting at a dwelling under Section 30-3-8; the trial court erred (2) in admitting the State’s gang expert testimony…