State v. Armendarez

OPINION

RANSOM, Chief Justice.

Joe Armendarez appeals from his conviction of first-degree murder. NMSA 1978, § 30-2-1(A) (Repl.Pamp.1984). He argues first that the State created error by successfully seeking an instruction, inconsistent with the defense theory presented, on the lesser included offense of second-degree murder, and then, in closing, arguing to the jury that it could not possibly find defendant guilty of the lesser offense. Next he contends that other comments made by the State during closing argument were misstatements of the law and the evidence, and thus were improper.

Facts. On…