State v. Castro

92 N.M. 585 (1979)

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Nature of the Case

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Facts

Linda and D had been married for approximately eight years and were divorced. D was off work went home, drank two bottles of beer, and had supper. D was watching a baseball game on television, Linda called and wanted money for rent. Linda used abusive language. D went to the store and purchased a gun and ammunition. This transaction took about ten minutes and D appeared calm. He went back home, loaded the gun, walked around for about a half hour, and then walked to Linda's house. D planned on shooting her in the spine to prevent her from dancing. D saw Linda sitting on the couch watching television. D knocked on the door. Linda called the police, hollered, and ran toward the back bedroom. D broke the lower left hand window, unlocked the door, shot Linda three times, and killed her. D was charged with first-degree murder and aggravated burglary. D was found guilty of voluntary manslaughter and aggravated burglary. D appealed.