State v. Venegas

OPINION

RIORDAN, Justice.

On rehearing we withdraw our earlier opinion and substitute the following opinion.

Defendant-appellant appeals her convictions for murder, armed robbery and larceny over $2,500 arising out of the same incident, for which she was sentenced to life imprisonment. We affirm.

Defendant asserts error: (1) by the trial court’s refusal of her tendered jury instruction, N.M.U.J.I. Crim. 41.15, N.M.S.A. 1978 on mistake of fact; and (2) in allowing the prosecutor’s erroneous assertion that defendant had changed her testimony to remain uncorrected.

Defendant went to the car lot of…