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RUDOLFO v. STEWARD

NO. S-1-SC-38177.

533 P.3d 728 (2023)

2023-NMSC-013

Mario RUDOLFO, Petitioner, v. Robert STEWARD, LCCC, Warden, Vincent Horton, FCCF, Warden, Respondents.

Supreme Court of New Mexico.

Filing Date: June 22, 2023.

Attorney(s) appearing for the Case

Burgess & Porter Law, LLC, Barrett G. Porter , Albuquerque, NM, for Petitioner.

Hector H. Balderas , Attorney General, Walter Hart , Assistant Attorney General, Santa Fe, NM, for Respondents.

OPINION

{1} A jury convicted Petitioner Mario Rudolfo of first-degree murder under a general verdict. The jury instructions contained two alternative theories for the jury to use as a basis for the first-degree murder conviction: (1) felony murder predicated on shooting at or from a motor vehicle and (2) willful...

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