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STATE v. MUNOZ

No. 24054.

970 P.2d 143 (1998)

126 N.M. 371

1998-NMSC-041

STATE of New Mexico, Plaintiff-Respondent, v. Manuel MUNOZ, Defendant-Petitioner.

Supreme Court of New Mexico.

November 17, 1998.

Attorney(s) appearing for the Case

Phyllis H. Subin, Chief Public Defender, Nina Lalevic, Assistant Appellate Defender, Santa Fe, for Petitioner.

Tom Udall, Attorney General, Joel Jacobsen, Assistant Attorney General, Santa Fe, for Respondent.

OPINION

FRANCHINI, Chief Justice.

{1} Manuel Munoz (Defendant) seeks reversal of his convictions for vehicular homicide and great bodily injury by vehicle. He asserts that a jury instruction patterned on UJI 14-252 NMRA 1998 (negligence of the deceased) shifted the burden of proof from the State's shoulders to his own. He also contends that UJI 14-252 fails to explain adequately to juries the law of intervening causation. We reject Defendant's burden-shifting...

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