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State v. Coffin

10/6/1999



{1} Defendant Curtis Coffin appeals his convictions of first degree murder, voluntary manslaughter, and bribery of a witness. Coffin contends that the trial court erred in refusing jury instructions that would have elaborated on his claim of self-defense and provocation. He also contends that the trial court's response to a jury question concerning premeditation caused jury confusion with respect to the statutorily defined mens rea for the crime of first degree murder. Additionally, Coffin claims that the trial court erred in excluding some of the evidence he offered at trial and in admitting other evidence offered by the State. Coffin further raises several challenges relating to the seeking of the death penalty by the State in this case, even though the jury did not impose a sentence of death. Coffin also claims that the State's late filing of notice of intent to seek the death penalty caused a delay in the commencement of trial that violated his right to a speedy trial. Finally, Coffin contends that there is insufficient evidence in the record to support his first degree murder and bribery of a witness convictions. We conclude that Coffin's arguments are without merit and therefore affirm his convictions.


I. Facts


{2} On March 8, 1995, Coffin and several of his friends, Ralph Gutierrez, John Saldana, and Deanda Montoya, spent the evening driving around Albuquerque in a mini-van belonging to Coffin's father, and drinking beer purchased earlier in the evening at Sal's Discount Liquors. At one point, while in a field, John Saldana asked Coffin if he could fire his pistol, a .22 caliber Beretta, and after Coffin agreed, Saldana fired several shots out of the window of the mini-van. Once the group finished the beer purchased earlier in the evening, they returned to Sal's to buy more.


{3} Coffin parked his mini-van in the parking lot at Sal's near the liquor store entrance. Ralph Gutierrez went inside the bar portion of Sal's to use the phone and the restroom, while John Saldana walked up to the liquor store to buy more alcohol. Upon finding the door to the liquor store locked, Saldana walked around to the drive-up window where a number of cars waited in line. The drive-up window attendant, David Fresquez, told Saldana to go back around to the door to the liquor store, which Fresquez would unlock, because the two men in the car next in line, Chris Charles Martinez (Chris Martinez Sr.) and Chris Alfred Martinez (Chris Martinez Jr.), were giving Saldana dirty looks. Chris Martinez Jr. was associated with the Lomas Trece gang, and Coffin, Gutierrez, and Saldana belonged to a rival gang, Los Carnales Locos (LCL), which claimed an area of Albuquerque that included Sal's. Chris Martinez Jr. and Saldana had worked at the same restaurant. Saldana went inside the package liquor store as Fresquez had suggested, and Fresquez returned to selling liquor at the drive-up window.


{4} While Saldana and Gutierrez were still inside Sal's, the Martinezes, after their purchase at the drive-up window, drove through the parking lot near Coffin's mini-van. The Martinezes stopped their car in the middle of the parking lot and got out, leaving the doors open and the lights of the car on. Coffin also exited his vehicle, and an altercation ensued.


{5} Coffin testified that his friend Ronnie Contreras was standing by his mini-van and that the Martinezes called Ronnie by name and approached him in an aggressive manner. Coffin testified that, after he reassured Ronnie that he would not let the Martinezes "jump" him, Chris Martinez Sr. approached Coffin, and Coffin thought there would be a fight with him against the father and Ronnie against the son. At that point, according to C

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