Ramirez v. State

OPINION

By the Court,

Parraguirre, C.J.:

In this appeal, we consider whether the jury was properly instructed on the offense of second-degree felony murder by means of child neglect or endangerment. For the reasons outlined in this opinion, we conclude that the jury was not completely and accurately instructed as to the necessary elements of second-degree felony murder and that the improper instruction affected appellant Felicia Ramirez’s substantial rights. Accordingly, we reverse the district court’s judgment of conviction and remand this matter for a new trial.

FACTS AND PROCEDURAL BACKGROUND

Ap…