State v. Brown

OPINION

FRANCHINI, Justice.

{1} Defendant Jimmy Brown (“Brown”) appeals from a conviction of first-degree, depraved mind murder. See NMSA 1978, § 30-2-l(A)(3) (Repl.Pamp.1994). Following a jury trial, Brown was sentenced to life imprisonment for the murder conviction. On appeal, we address a single issue: Whether the trial court erred in refusing to instruct the jury that Brown’s intoxication could be considered in determining the mental state required for conviction of depraved mind murder. We hold that a fact finder may consider evidence of extreme intoxication when determining whether a…