This section contains the nature of the case and procedural background.

Marquiz (D), Gallegos, and Laroya were arrested for first-degree murder and conspiracy to commit the murder of Debra Terhorst. The three parties were tried in separate cases. Gallegos was acquitted of the conspiracy count. Laroya was acquitted of that charge in a subsequent proceeding. D was the last to be tried and was convicted on all counts. D appealed; the rule of consistency precluded his conspiracy conviction. The court of appeals held that the rule is inapplicable when the defendants are tried separately. D appealed.

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