State v. Marquez

OPINION

MAES, Justice.

{1} In this case we again address whether shooting at or from a motor vehicle can serve as a predicate for felony murder. We recognize that the collateral-felony rule has generated confusion and hope to clarify its application in this opinion. Following trial, the jury found Defendant Eric Marquez guilty of first-degree felony murder contrary to NMSA 1978, Section 30-2-1 (A)(2) (1994), and shooting from a motor vehicle causing great bodily harm contrary to NMSA 1978, Section 30-3-8(B) (1993). The underlying felony supporting Defendant’s felony murder conviction was the…