State v. DeGraff

OPINION

MINZNER, Justice.

{1} Following a jury trial, Defendant Steven DeGraff was convicted of: felony murder, contrary to NMSA 1978, § 30-2-l(A)(2) (1994); armed robbery, contrary to NMSA 1978, § 30-16-2 (1973); aggravated burglary, contrary to NMSA 1978, § 30 — 16—4 (1963); and five counts of tampering with evidence, contrary to NMSA 1978, § 30-22-5 (1963, prior to 2003 amendment). The district court dismissed the armed robbery conviction as the predicate felony underlying Defendant’s felony murder conviction. On appeal, Defendant argues that because the prosecutor asked the jury to draw an…