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State v. Sosa6/18/1997
BACA, Justice.
I.
{1} Defendant, Jesse Sosa, appeals his conviction and sentencing for involuntary manslaughter, see NMSA 1978, § 30-2-3(B) (1994), shooting into an occupied vehicle causing great bodily harm, see NMSA 1978, § 30-3-8 (1993), and three counts of aggravated assault with a deadly weapon, see NMSA 1978, § 30-3-2(A) (1963). Sosa raises the following issues on appeal: whether the district court abused its discretion in sentencing Sosa as an adult rather than as a juvenile; whether the district court abused its discretion in restricting voir dire pertaining to juror bias against gangs; whether the district court abused its discretion in denying Sosa's motion for a new trial based on newly-discovered evidence; whether Sosa received ineffective assistance of counsel; whether the jury received ambiguous or erroneous jury instructions; and whether the sentencing court violated Sosa's right to be free from double jeopardy. We review this case pursuant to NMSA 1978, § 34-5-14(C) (1972) (matters appealed to court of appeals and certified to Supreme Court). We reverse Sosa's conviction for involuntary manslaughter, affirm the remaining convictions, and remand for resentencing and entry of an amended judgment.
II.
{2} A drive-by shooting in Las Cruces, New Mexico left a high school student named Johnny Reyes dead. Seventeen year old Jesse Sosa was the driver of the car from which the fatal shot issued. Sosa and the shooter, Jesus Loera, were tried together. Jesse Saenz was charged with tampering with evidence and conspiracy to commit tampering with evidence for his involvement in the events following the shooting.
{3} At trial Loera presented the following testimony to support his defense of imperfect self-defense. Loera had been the victim of two drive-by shootings, including an incident involving a gang member named Fernando, which caused him to be afraid for his life. On the night in question Sosa drove Loera and his friends to Las Cruces. Loera took a gun with him because he was afraid of being shot. The passengers of a truck driving near Sosa's car acted in a hostile manner towards the passengers of Sosa's car. Loera became afraid that Fernando was in the truck and, out of fear, pulled his gun and fired several random shots, killing Reyes.
{4} Sosa also testified at trial. Apparently, while driving in Las Cruces, Sosa became fearful of the occupants of Reyes's truck because someone reached down for something under the seat. Sosa feared that the occupant of Reyes's truck was reaching for a gun. He also claimed that the shooting was committed in self-defense. Sosa falsely testified that he was not aware that Loera had a gun. During the sentencing hearing Sosa admitted that he knew Loera had a gun, but denied any knowledge that Loera intended to shoot at the occupants of the truck.
{5} Sosa was acquitted of first degree murder and the lesser included offenses of second degree murder and voluntary manslaughter. He was convicted of involuntary manslaughter, shooting into an occupied vehicle causing great bodily harm, and three counts of aggravated assault with a deadly weapon. The district court sentenced Sosa as an adult to sixteen and a half years of incarceration.
III.
{6} On appeal, we address the following issues: whether the district court abused its discretion in sentencing Sosa as an adult; whether the district court abused its discretion by prohibiting certain voir dire questions concerning jurors' attitudes towards gangs; whether the district court abused its discretion in denying Sosa's motion for a new trial based on newly- discovered evidence; whether Sosa received ineffective assi
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