New Mexico v. Torres

Defendant Noe Torres appealed his convictions on multiple offenses arising from the shooting into a home that missed the intended victim but resulted in the killing of a young boy. Among other questions he raised were several issues regarding the scope of constitutional double jeopardy protections against multiple punishments for the same offense. With regard to those double jeopardy issues, the New Mexico Supreme Court held that: Conviction and punishment for both attempted murder of an intended victim and a resulting murder of a different but unintended victim when the two crimes causing harm to separate victims arise from the same act do not violate double jeopardy clause; (2) The double jeopardy clause does protect against multiple punishments for causing death or great bodily harm to a victim by shooting at a dwelling and for first-degree murder of the same victim when the same shooting caused the great bodily harm and the resulting death; and (3) The double jeopardy clause also protects against multiple conspiracy convictions for entering into a single criminal conspiracy with objectives to commit more than one criminal offense. The Supreme Court affirmed defendant's conviction in all other respects. View "New Mexico v. Torres" on Justia Law