State v. Franco

OPINION

BUSTAMANTE, Judge.

{1} This case and this Defendant have been before this Court before. This second appeal raises procedural and substantive issues flowing from our double jeopardy jurisprudence. The procedural question boils down to whether Defendant can even pursue a second appeal. The substantive question is whether Defendant can be sentenced under NMSA 1978, Section 31-18-15(A)(4) (2007, amended 2016), following his conviction under NMSA 1978, Section 30-3-8(B) (1993), for shooting at a motor vehicle when the shooting resulted in a death. We conclude that Defendant has a right to…