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” and he answered, “That black guy.” Brazfield understood the answer as identifying the man with whom Villanueva had taken the test drive earlier in the day. Brazfield heard the door open, and she heard a loud bang a few seconds later. In answering Mc Gruder's argument, we note that the statutory language defines as felony murder a death caused not only “in the commission of” a felony but also in the “attempt to commit any felony.” Section 30-2-1(A)(2). “Stealing the motor vehicle and stealing the vehicle's keys by force involve, as we have said, two distinct items of property and two distinct kinds of conduct.” Id. There is also support for the opposite result, on a different rationale. It appears settled that “[a] defendant commits only one robbery no matter how many items he steals from a single victim pursuant to a single plan or intent.”Id. By then she and her daughter were in the bedroom.5. Brazfield recognized him as the same man with whom Villanueva had driven earlier that day. In this case the State identified two felonies that occurred at approximately the same time as Villanueva's death: the burglary that occurred almost, if not simultaneously, and the armed robbery that occurred shortly thereafter. The State argues that the conduct was not unitary, urging this Court to hold that the armed robbery comprised of the taking of the keys, and the unlawful taking of the motor vehicle occurred when Mc Gruder actually drove the truck away. Mc Gruder began to walk out of the apartment, but he returned. This precludes any inference that Mc Gruder discharged the gun accidentally, and then used the truck to escape. Because the facts do not support the inferences on which Mc Gruder's argument depends, we do not address the further question of whether, had the facts supported those inferences, the proper lesser included instruction would have been voluntary manslaughter rather than second degree murder. “[A] negligent or accidental killing would not constitute second degree murder and would therefore not implicate the felony-murder doctrine.” State v. We affirm the trial court's decision to deny an instruction on a lesser included offense of murder. He again held a gun to Brazfield's temple and again threatened to kill her. at 596, 673 P.2d at 1329 (analyzing the intent element of first and second degree murder and of aggravated battery to determine if defendant was entitled to instruction on aggravated battery as well as attempted first and second degree murder). By statute in New Mexico, a death caused “without lawful justification or excuse ․ in the commission of or attempt to commit any felony” is first degree murder. We have said that “New Mexico has a distinct version of the felony-murder doctrine.” State v. At the time she was dressing her daughter after a bath. We recently limited the class of felonies on which the State may rely in charging and proving felony murder. Rather, his primary argument depends on whether there was evidence from which the jury might have determined that Villanueva's death was not caused “in the commission of or attempt to commit any felony.” Section 30-2-1(A)(2). Rptr.2d 15 (1993).[T]he evidence at the preliminary hearing and at trial unequivocally established that the automobile was part of the loot stolen in the robbery. Mc Gruder's determination to obtain the truck keys was undoubtedly motivated by his desire to operate the truck in order to steal it. Further, the two acts were separated by time and space because Mc Gruder spent some time in threatening Brazfield and in finding Villanueva's wallet inside the apartment before going outside to the parking lot. Unable to answer the door, she asked Villanueva, “Who is it? We previously had said the offense must be a first degree felony, an inherently dangerous lesser degree felony, or a lesser degree felony committed under inherently dangerous circumstances. He argues that the murder might be viewed as separate from the theft of the truck, and thus that Villanueva's death was not caused by an attempt to take the truck, but rather, his death precipitated a course of events resulting in a taking.19. Here, the specific language of the pleadings alleged the automobile theft as a lesser, necessarily included offense within the charged robbery because the offenses involved the same victim on the same date. There was no evidence that the object of taking the keys served any purpose other than furthering and completing the goal of stealing the truck. On these facts, we conclude that Mc Gruder's act in taking the keys and in driving away the truck did not constitute unitary conduct within the meaning of our double jeopardy jurisprudence. When Villanueva and Brazfield returned to her apartment, he told her that during the test drive he had been afraid Mc Gruder was going to take the truck forcibly because Mc Gruder had displayed a gun.4. More recently, we have also said that the felony may not be a lesser included offense of second degree murder and that, in determining what is a lesser included offense for these purposes, a “strict-elements test” is appropriate. In this case, Mc Gruder does not challenge the adequacy of the three felonies on which the State relied as predicates for the charge of felony murder. Rather, he took the keys in order to be able to operate the truck. at 70, 920 P.2d at 1024 (finding unitary conduct in felony murder and attempted armed robbery where there was “no evidence that the object of the shooting served any purpose other than furthering the predicate felony [of attempted robbery] and assisting in its completion”); Contreras, 120 N. at 490, 903 P.2d at 232 (finding unitary conduct in felony murder and armed robbery based on acts of stabbing victim-cabdriver and then taking the cab and its contents).26. Rptr.2d 259, 263 (1996) (affirming multiple convictions for both carjacking, under a specific statute, and robbery, because taking of car and taking of purse were separated in time and place). Because we think the question of whether the conduct was unitary is close, we turn to the second prong, i.e., whether the Legislature intended multiple punishments for the unitary conduct.
As she gave them to Mc Gruder, he held the gun to her temple, threatening to kill her. The evidence that Mc Gruder expressed interest in the truck and test-drove it earlier in the day, and his subsequent rejection of the keys to Villanueva's car, are strong indications that the decision to take the truck led Mc Gruder to murder. If the conduct is unitary, then the second inquiry applies, asking whether the Legislature intended to impose multiple punishments for the unitary conduct in question. In determining whether conduct is unitary, we have suggested several dispositive inquiries. 486, 490, 903 P.2d 228, 232 (1995) (citing Swafford, 112 N. No one is denied access on the basis of race, age, gender, religion, political affiliation, beliefs, or disability. The intake line is generally open Monday through Thursday from 9 a.m. You can also apply online 24/7 for help with a legal problem by clicking on the “Together for Justice” logo below. We have had a large number of applications submitted and are working our way through making callbacks.We will get to your application just as soon as possible. New Mexico Legal Aid will be closed on Monday, September 2, for the Labor Day Holiday. Generally ANY APPLICATION SUBMITTED AFTER 3PM ON A FRIDAY may not be reviewed until the following week. New Mexico Legal Aid has dedicated our services to erasing barriers to justice for low-income New Mexicans by providing free and high-quality civil legal assistance and education for over 60 years.As the largest nonprofit provider of civil legal services in the state, NMLA serves all 33 counties in New Mexico.