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1 STATE V. MIRELES, 2004-NMCA-100, 136 N.M. 337, 98 P.3d 727 STATE OF NEW MEXICO, Plaintiff-Appellee, v. IGNACIO MIRELES, Defendant-Appellant.
Docket No. 23,450 COURT OF APPEALS OF THE STATE OF NEW MEXICO 2004-NMCA-100, 136 N.M. 337, 98 P.3d 727 June 17, 2004, Filed APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Certiorari Denied, No. 28,794, August 3, 2004 Richard J. Knowles, District Judge COUNSEL Patricia A. Madrid, Attorney General, Anita Carlson, Assistant Attorney General, Santa Fe, NM, for Appellee John B. Bigelow, Chief Public Defender, Nancy M. Hewitt, Assistant Appellate Defender, Santa Fe, NM, for Appellant JUDGES CYNTHIA A. FRY, Judge.WE CONCUR: JONATHAN B. SUTIN, Judge. IRA ROBINSON, Judge AUTHOR: CYNTHIA A. FRY OPINION

{1} Defendant appeals his convictions for second degree murder (firearm enhancement) and shooting from a motor vehicle (great bodily harm). Defendant argues that: (1) the trial court violated his Fifth Amendment right against self-incrimination in ordering him to submit to a psychological evaluation; (2) the trial court erred in allowing the State to cross-examine Defendant's expert witness with portions of Defendant's otherwise inadmissible custodial statement; (3) his sentences for second degree murder and shooting from a motor vehicle violate his right to be free from double jeopardy; (4) the jury should have determined that Defendant was not guilty by reason of insanity or guilty but mentally ill; (5) there is insufficient evidence to support Defendant's conviction for shooting from a motor vehicle; and, (6) the trial court abused its discretion by not ordering a sixty-day diagnostic evaluation pursuant to NMSA 1978,

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