¶1concurring specially.
¶2I concur in the majority opinion, except as to its discussion of defendant’s fair trial argument based on Fields v. People, 732 P.2d 1145 (Colo.1987) (en banc). As to that discussion, I am concerned that we are reaching an issue that was not preserved on appeal.
¶3In the present case, a sixth amendment claim raised at trial and in the docketing statement was a claim based on Witherspoon v. Illinois, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed.2d 776 (1968) (a prospective juror who voices general objection to the death penalty or expresses scruples against its infliction cannot be excused for cause). This claim was not briefed and therefore has been abandoned. State v. Vogenthaler, 89 N.M. 150, 548 P.2d 112 (Ct.App. 1976). I am not persuaded that a sixth amendment claim similar to that made in Fields v. People was raised at the trial level. On this issue, it was important to alert the trial judge to such a claim at a time and place where any error could be corrected. That not having been done, it was not preserved on appeal. See SCRA 1986, 12-216. By contrast, the Colorado Supreme Court addressed an issue that was raised at trial and on appeal. Therefore, defendant’s reliance on Fields v. People is misplaced.