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New Mexico

New Mexico Court of Appeals
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State v. Kahla — Firearm Enhancement on Shooting-at-Vehicle Conviction Does Not Violate Double Jeopardy

The New Mexico Court of Appeals affirmed convictions for battery, shooting at or from a motor vehicle with a firearm enhancement, and conspiracy to commit tampering with evidence — formalizing as published precedent that the firearm enhancement under NMSA 1978, § 31-18-16 does not violate double jeopardy when applied to a shooting-at-vehicle conviction, and holding for the first time in a published opinion that identifying bullet-impact marks in photographs constitutes lay, not expert, testimony.

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