STATE v. CUNNINGHAM

No. 25,604.

998 P.2d 176 (2000)

128 N.M. 711

2000-NMSC-009

STATE of New Mexico, Plaintiff-Appellee, v. Danny A. CUNNINGHAM, Defendant-Appellant.

Supreme Court of New Mexico.

March 9, 2000.


Attorney(s) appearing for the Case

Phyllis H. Subin, Chief Public Defender, Will O'Connell, Assistant Appellate Defender, Santa Fe, for Appellant.

Patricia A. Madrid, Attorney General, Arthur W. Pepin, Assistant Attorney General, Santa Fe, for Appellee.


OPINION

BACA, Justice.

{1} Danny A. Cunningham was convicted of deliberate-intent first-degree murder contrary to NMSA 1978, § 30-2-1(A)(1) (1994), and sentenced to life in prison. Cunningham appeals his conviction alleging (1) that the trial court committed fundamental error by failing to instruct the jury on the essential element of unlawfulness once Cunningham had raised the issue of self-defense, and (2) that there was insufficient evidence...

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