Attorney General Hector Balderas

AG News:

SANTA FE — New Mexico Attorney General Hector Balderas has announced that he has filed a petition in the New Mexico Supreme Court to review the New Mexico Court of Appeals opinion, which reversed Matthew Chavez’ second degree murder conviction because the jury was instructed on self-defense and defense of another but not on voluntary manslaughter.

Chavez was convicted of second degree murder and attempted robbery and sentenced to 23 and a half years of incarceration.

“We are asking the New Mexico Supreme Court to grant certiorari to address for the first time whether a claim of imperfect self-defense is available to an initial aggressor,” Balderas said. “Violent murderers should not benefit from a loophole in the law.”

The Criminal Appeals Division of the Attorney General’s Office is handling this matter on behalf of the State.