(Dissenting).
{38} I agree with the majority that Magana’s statement and the refusal to give the self-defense instruction would have been harmless if Magana had been the only witness and had presented no evidence of self-defense. However, there were four other witnesses-Johnson, Arguello, Jimenez, and Gutierrez — who did provide such evidence in this case. Magana was the only one who offered no self-defense evidence. In my opinion, the admission of Magana’s taped statement into evidence taken together with the refusal to give the self-defense instruction compounded the error and was clearly harmful which requires a new trial. As the majority states, “[a]n instruction on a claim of self-defense or defense of another should be given if there is any evidence, even slight evidence, to support the claim.” Duarte, 121 N.M. at 556, 915 P.2d at 312. “[W]here self-defense is involved in a criminal case and there is any evidence, although slight, to establish [such defense], it is not only proper for the court, but its duty as well, to instruct the jury fully and clearly on all phases of the law on [that] issue____” Heisler, 58 N.M. at 455, 272 P.2d at 666.
{39} The majority holding otherwise, I respectfully dissent.