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State v. Luna1/28/1980
SOSA, Chief Justice.
Defendant appeals his convictions of first-degree murder, under the felony-murder doctrine, and aggravated burglary. He was sentenced to life imprisonment for the murder charge and to a ten to fifty year sentence for the aggravated burglary charge.
The defendant raises seven issues on appeal:
I. Were the stop, arrest and searches of the defendant valid?
II. Did the trial court abuse its discretion by denying defendant's motion for a bifurcated trial?
III. Did the trial court commit reversible error by refusing to allow lay witnesses to express their opinions regarding defendant's sanity?
IV. Did the trial court commit reversible error by failing to instruct the jury on the defendant's theories of the case?
V. Did the trial court commit reversible error by failing to direct a verdict of not guilty by reason of insanity as to the felony-murder charge?
VI. Did the trial court commit reversible error by refusing to instruct the jury on the consequences of a verdict of not guilty by reason of insanity?
VII. Did the trial court commit cumulative error, amounting to an absence of a fair trial?
We affirm the conviction of the defendant.
On April 5, 1977, Officer Homer was investigating a residential burglary of the Taylor residence in Roswell. During the investigation, the officer went next door to the Nelson residence and discovered the body of Nina Nelson in a bedroom. She died from a massive blunt trauma to her head; she had also been stabbed over 40 times. Later a purse taken from the Taylor residence was discovered three houses down from the Nelson home. A footprint was beside the purse, and officers made a plaster cast of the print.
On April 6, 1977, Officer Fabry saw defendant pull away from a street intersection at a high rate of acceleration, causing the rear tires of his car to spin on the pavement. Fabry followed defendant for about one and one-half miles, pulled him over, and cited him for exhibition driving. § 20-84.1, Roswell City Code (1962) (Supp. 1970) (current version at Section 66-8-115, N.M.S.A. 1978, by adoption). While talking to defendant, Fabry noticed that defendant's breath smelled of alcohol. The officer then arrested defendant for violating an ordinance prohibiting a minor from allowing himself to be served outside the presence of his parents or guardian. § 6-10(b), Roswell City Code (1962). He then searched the inside of the car, finding a bottle of liquor, two knit ski caps and some bullets. Fabry testified that the bottle was in plain view from outside the car, but nowhere stated that he saw it before arresting defendant. A pat-down search of defendant on the scene disclosed a pocketknife and a marijuana pipe. The officer had not had a previous encounter with the defendant and knew nothing about him previous to the arrest. The defendant was taken to the police station where he was interrogated for fifteen to twenty minutes regarding the Nelson murder. Police seized defendant's tennis shoes to compare with the footprint found next to the Taylor purse. Defendant was again searched prior to incarceration, revealing a baggie of marijuana in his undershorts. Police then searched defendant's car, which had been taken to the police station. No items were seized.
On April 7, 1977, defendant's car was again searched. Two officers had been assigned on that day to investigate a burglary at the Sanchez residence. They realized that the liquor bottle which had been seized from the defendant's
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