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State v. Contreras8/16/1995
1. Michael Contreras was convicted on one count of felony murder under NMSA 1978, Section 30-2-1(A)(2) (Repl. Pamp. 1994), one count of armed robbery under NMSA 1978, Section 30-16-2 (Repl. Pamp. 1994), one count of tampering with evidence under NMSA 1978, Section 30-22-5 (Repl. Pamp. 1994), and one count of unlawful taking of a vehicle under NMSA 1978, Section 66-3-504 (Repl. Pamp. 1994). The trial court sentenced him to life imprisonment for the felony murder conviction, nine years for the armed robbery conviction to run consecutively to the life term, and eighteen months each for tampering with evidence and unlawful taking of a vehicle, both of the latter sentences to run concurrently with the armed robbery term. Contreras appeals to this Court pursuant to SCRA 1986, 12-102(A)(2) (Repl. Pamp. 1992) (direct appeal from life sentence), arguing that the trial court violated the constitutional prohibition against double jeopardy by sentencing him for both the felony murder conviction and the underlying predicate felony conviction. Finding that the trial court did violate Contreras's right to be free from multiple punishments, we reverse the armed robbery conviction. We affirm the other convictions and sentences.
2. Facts. At 10:30 p.m. in the evening of May 14, 1992, cab driver Peter Doran was dispatched to a gas station to pick up a passenger who had given his name as Frank. About fifteen to thirty minutes later two men heard Doran call for help and discovered that Doran had been stabbed. The men telephoned for help, and Doran was taken to the hospital where he died. The cause of death was a five to six inch stab wound that had pierced Doran's right lung.
3. Early the next morning the cab company reported to the police that Doran and his cab were missing. Later that morning a representative of the cab company went with the police to an apartment complex to identify what turned out to be Doran's cab. Missing from the cab were Doran's wallet and a cellular phone. After further investigation the police found the keys to the cab and a bloody fish-filleting knife on the roof of the apartment complex. The knife had a five and three-quarter inch blade and blood stains consistent with Doran's blood.
4. Police later received a tip that Contreras had killed Doran. Police contacted Contreras's employer , the Seattle Fish Company, and discovered that Contreras filleted fish for the company using knives identical to the one discovered at the apartment complex. The general manager testified that Contreras did not work after May 10 and did not call in to excuse his absence until May 14. On that date Contreras requested his paycheck but was told that it would not be available until May 22. On May 20 Contreras again called and requested his paycheck. The police arrested Contreras on May 22 when he arrived at the fish company.
5. Contreras gave a voluntary statement when he was arrested and testified at trial that he did stab Doran. He stated that on May 14 he had called a cab to take him to his mother's apartment. When the cab arrived, he entered on the driver's side, carrying with him in a pouch around his waist a knife from work that he was to deliver to his mother. He testified that during the cab ride Doran made sexual advances toward him and that he had stabbed Doran from behind in order to stop the sexual advances. After being stabbed, Doran stopped the cab and exited. Contreras then took the cab and drove to the apartment complex where he parked the cab. He admits that he took a cellular phone from the cab, but he testified that he did not know what happened to Doran's wallet
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