"I thought it was Sam Armstrong's best outing since he's been at ODU with 12 strikeouts no walks and six strong innings. {29} Defendant may also have been convicted of first-degree depraved-mind murder as an accessory to the crime. Christopher Eric Trujillo was born on month day 1966, at birth place, New Mexico. Pursuant to NMSA 1978, 30-2-1(A)(3) (1994) (first-degree depraved-mind murder); 30-2-1(A)(3) and NMSA 1978, 30-28-2(B)(1) (1979) (conspiracy to commit first-degree depraved-mind murder); NMSA 1978, 30-3-2(A) (1963) and NMSA 1978, 31-18-16 (1993) (aggravated assault); NMSA 1978, 30-3-5(A) & (C) (1969) and NMSA 1978, 30-28-2(B)(3) (1979) (conspiracy to commit aggravated battery); NMSA 1978, 30-3-8(A) (1993) and NMSA 1978, 30-28-2(B)(2) (1979) (conspiracy to commit shooting at a dwelling or occupied building (great bodily harm)); 30-3-8(A) and 30-28-2(B)(3) (conspiracy to commit shooting at a dwelling or occupied building (resulting in injury)); 30-3-8 (shooting at a dwelling or occupied building (no injury)); and 30-3-8(A) and 30-28-2(B)(3) (conspiracy to commit shooting at a dwelling or occupied building (no injury)). {2} Pursuant to Rule 12-102(A)(1) NMRA 2002, Defendant raises the following issues on appeal: (1) the admission of the tape and transcript of Joseph Ortiz's out-of-court statement violated Defendant's constitutional right to confrontation and due process because it was inadmissible impeachment and hearsay evidence; (2) his conviction for first-degree depraved-mind murder violated due process of law because sufficient evidence did not support the conviction on any theory; (3) Defendant was convicted of a crime that does not exist-conspiracy to commit depraved-mind murder; (4) there was no evidence that Defendant shot at a dwelling or occupied building; (5) Defendant's trial counsel's performance constituted ineffective assistance of counsel; (6) the prosecutor's acts of misconduct distorted the evidence on the issue of identification, depriving Defendant of due process and a fair trial; (7) the conspiracy charges and Defendant's convictions violate the Double Jeopardy Clause because there is no evidence of any agreement or agreements to support separate charges; (8) the above constitute cumulative error that denied Defendant due process and a fair trial; and (9) Defendant's sentence is disproportionate and in violation of the state and federal constitutional prohibitions against cruel and unusual punishment. Cheryl Trujillo's phone number is (505) 292 - 5391. Defendant maintains that the only testimony regarding the sequence of events surrounding the shooting was from Ortega who testified that Allison shot at Mendez multiple times before Defendant took the gun and shot towards Canas and Ortega. We are unpersuaded by Defendant's arguments and find that there was sufficient evidence at trial to convict Defendant of first-degree depraved-mind murder. An autopsy report shows Gustavo Surez, a 21-year-old American, was shot 12 times after he failed to stop while being chased by Mexican soldiers, who opened fired after he crashed. He Then left school to pursue his dream in the Arts. He was born and raised in Bernal, N.M., to Ted Trujillo and LuAnna Bustamante. Chris Trujillo - Farm Bureau Financial Services - We make it simple to protect your family, home,. A Memorial Tree was planted for Christopher, We are deeply sorry for your loss ~ the staff at Riverside Funeral Home of Santa Fe, Has a Death Occurred? Q. He took pride in everything he did and everything he did was for his sons. Defense counsel requested the continuance because he claimed that he was so upset by the incident that he felt he could not proceed that day. He took pride in everything he did and everything he did was for his sons. He stated that Mendez answered, We could be anywhere we want, Juaritos, and immediately thereafter shots were fired down at them from the balcony. Family and friends can send flowers and/or light a candle as a loving gesture for their loved one. Chris TRUJILLO, Defendant-Appellant. Carolina possesses extensive experience scaling and launching startups by connecting strategy, data, and operational execution in ambiguous and challenging environments. Accordingly, we find that the trial court did not abuse its discretion when it denied Defendant's motion to dismiss for prosecutorial misconduct based on these two discovery violations. Read More . See State v. Nieto, 2000-NMSC-031, 25, 129 N.M. 688, 12 P.3d 442 (finding expert testimony on defendant's gang affiliation and specific rituals and procedures of that gang was admissible to show defendant's alleged motive). Verna Trujillo A in 2018 was employed in Northern New Mexico College and had a reported pay of $27,475 according to public records. Defendant did object when the prosecutor asked the Detective about the witnesses' descriptions of Defendant's acne and during the prosecutor's attempt to have the Detective testify as to Canas' identification of Defendant from the photo array. He then testified that all three identified both Allison and Defendant as the shooters and that they had all told him that only one gun was used. Mexico City. Defendant's argument on this point is two-fold: (1) the trial court's admission of the evidence violated Defendant's constitutional right to confront the witnesses against him; and (2) the trial court erred in ruling that the evidence was admissible. The State initially proffered the out of court statements under Rule 11-803(E) NMRA 2002. 2052) (internal citation omitted). We are not persuaded that Defendant was merely present during the shooting. Defense counsel told the court that he was not aware that Ortega and Canas had been arrested on material witness warrants until some time after the two had been arrested, but that he and the prosecutor did conduct an interview with Ortega which eventually broke down due to animosity between the lawyers. A. Christopher Trujillo in New Mexico 283 people named Christopher Trujillo found in Albuquerque, Santa Fe and 6 other cities. She told him that she was going to be back in a few. Chris Trujillo in Albuquerque, NM 145 results - Chris Trujillo may also have lived outside of Albuquerque, such as Rio Rancho, Las Cruces and 2 other cities in New Mexico. {69} I would remand this case for a new trial. Full Service Burial. We think the record makes clear that the trial judge relied on Rule 11-803(X), even though it may not have been the cornerstone of its ruling. The Detective responded that Silly tried to sell him a gun, a .25 caliber. Defense counsel moved on with other questions and then moved for a mistrial, or in the alternative, for a curative instruction, after the jury was dismissed for the day, arguing that the statement was overly prejudicial. And do you see like pimples or acne scars on his face? Which memorial do you think is a duplicate of Chris Trujillo (104119474)? Moreover, Defendant did not demonstrate that had his counsel moved for a continuance until Canas could be located, the motion would have been granted. Majority Opinion, 4. See UJI 14-203 NMRA 2002. Liked by Christopher Trujillo Kevin Mitnick is known as the world's most famous hacker, and Riverbed's Vincent Berk is a highly experienced cybersecurity expert. The test under the catch-all rules is whether the out-of-court statement-not the witness's testimony-has circumstantial guarantees of trustworthiness.3 Id. He was raised with his fourteen siblings in what was always an entertaining and loving environment. (citations omitted). Viewing the prosecutor's statements in the context of the individual facts and circumstances of this case, however, we do not find that they had such a persuasive and prejudicial effect on the jury's verdict that Defendant was deprived of a fair trial. Herrera stated that his findings were consistent with other physical evidence that tended to demonstrate that the shots were fired only downward. We affirm Defendant's convictions for first-degree depraved-mind murder and conspiracy to commit aggravated battery. We therefore reverse Defendant's convictions for conspiracy to commit shooting at a dwelling or occupied building (great bodily harm), conspiracy to commit shooting at a dwelling or occupied building (resulting in injury), shooting at a dwelling or occupied building (no injury), and conspiracy to commit shooting at a dwelling or occupied building (no injury). When he just-when like-they just started shooting when he said, Juaritos. When he said, I could be anywhere I want, Juaritos, they just started shooting. This is where it happened, and that sounds like a consistent story and that comes from Canas and Iguado and Ortiz, you don't discount that and throw that out and try and derive the story if you're Detective Shawn . It is the court's duty to determine preliminary questions concerning the admissibility of evidence, see Rule 11-104(A) NMRA 2002, and this Court reviews the trial court's rulings for an abuse of discretion. Chris J Trujillo worked as a Pharmacist for the State of New Mexico and in 2020 had a reported pay of $38.66/HR according to public records. Chris was a hard worker and established his company All American Towing in 2017. When the person in the best position to judge a witness's candor feels that the witness was being less than truthful, I am uncomfortable holding that the witness's statement bears circumstantial guarantees of trustworthiness. In this vein, Ortiz's ranking out of the Barelas gang certainly provided a plausible explanation for the start of the quarrel. Rule 12-102(A)(1) provides that appeals from the district courts in which a sentence of death or life imprisonment has been imposed shall be taken to the Supreme Court. On May 25, 2021 a funeral service will be held at 10am by Father George Salazar at Santa Rita Church in Bernal, NM. The second reference came in the middle of his argument about the consistent statements of Ortega and Ortiz: You'd expect two completely different stories if we believe this theory that everyone in gangs lies. The State concedes that this conviction must be vacated because this Court has explicitly held that this is not a cognizable crime in New Mexico. Second, Ortiz's ranking out of the Barelas gang offered a plausible explanation for the start of the quarrel; his former comrades objected to Ortiz showing back up at the scene of his disgrace. at 560, 874 P.2d at 21 (quoting State v. Taylor, 103 N.M. 189, 197, 704 P.2d 443, 451 (Ct.App.1985)). At trial, Ortega positively identified Defendant as the second shooter, stating that he took the gun away from Allison and began shooting at Ortega and Canas. Rather, relying on State v. Hernandez, 117 N.M. 497, 873 P.2d 243 (1994), Defendant argues that the State failed to prove that his actions caused Mendez's death, therefore failing to meet its burden as to the causation requirement. In order to find that the trial court abused its discretion in admitting the tape and transcript of Ortiz's interview with Detective Shawn, we must conclude that the trial court's decision was obviously erroneous, arbitrary or unwarranted. State v. Brown, 1998-NMSC-037, 39, 126 N.M. 338, 969 P.2d 313 (quoting State v. Stills, 1998-NMSC-009, 33, 125 N.M. 66, 957 P.2d 51). Necessarily, there were other apartment buildings in the vicinity. He earned his wings too soon on May 4, 2021. ; see also State v. Lankford, 92 N.M. 1, 2, 582 P.2d 378, 379 (1978). Defendant argues that the only evidence presented at trial suggesting that he was the one who shot directly at Mendez was improperly before the court and that no evidence supports the finding that Defendant intended that Allison shoot Mendez or that he encouraged him to shoot. It appears that in this case the jury rejected Defendant's version of the incident, and we will not substitute our judgment for that of the jury. I therefore respectfully dissent from part III(B). See id. During his argument to the court, defense counsel discussed what Canas had told Detective Shawn and argued that Canas' statement that the shooter was bald was exculpatory because his client had short hair. Nancy Fontenot. Now, you said Charlie started shooting first. Christine Trujillo ( Democratic Party) is a member of the New Mexico House of Representatives, representing District 25. The appellate court has a duty to determine whether any rational jury could have found each element of the crime to be established beyond a reasonable doubt. State v. Garcia, 114 N.M. 269, 274, 837 P.2d 862, 867 (1992). As a preliminary matter, we must first consider the question of whether Defendant preserved the confrontation issue for appellate review. Id. He is not prepared to proceed today, Your Honor. This comment was apparently made by the prosecutor in response to defense counsel's request for a one-day continuance. In that interview Ortiz stated that he did not recognize the shooters but described them as a little guy wearing light blue jeans and a striped shirt, presumably Defendant, and a big guy wearing black jeans and a black t-shirt, presumably Allison. The dissent notes that the statement lacks circumstantial guarantees of trustworthiness because Detective Shawn, the person in the best position to gauge the candor of the out of court statement felt that Ortiz was lying to him. Request Quote . {10} It is the duty of this court to interpret the various provisions of the Constitution to carry out the spirit of that instrument. Bd. Q. Defendant's case did not go to trial until November 9, 1998, leaving counsel nearly a year to challenge the indictment for this crime. It did not, however, satisfy the requirements of any of those exceptions. If a hearsay statement is similar to those defined by a specific exception but does not actually qualify for admission under that exception, these courts allow the statement to be considered for admission under the residual exception.). Inmate Profiles . Rule 11-613(B) would allow, in this case, for the impeachment of Ortiz with extrinsic proof of those out-of-court statements, but would not allow them to come in for substantive purposes. The dissent cites to no authority to support its conclusion that less deference is due when the trial court admits evidence under a rule that it did not principally rely on, and without some contrary authority, we believe we are obligated to review the trial court's ruling under the well-established abuse of discretion standard. 2052, 80 L.Ed.2d 674 (1984). After a lengthy discussion of that rule, the State noted, There are some other exceptions that I could argue or basis on the rules of evidence that I could argue for the admission of this, but that [, Rule 11-803(E),] I think is [the principal basis]. After Defendant's response to the State's argument, the State proffered several other grounds for the admission of the statement: Rule 11-801(D)(1)(c) NMRA 2002, Rule 11-803(X), Rule 11-804(A)(3) NMRA 2002, and Rule 11-613(B) NMRA 2002. Chris Trujillo is a provider established in Albuquerque, New Mexico and his medical specialization is Pharmacist. US States (36975K) . Della Gonzales also testified that she heard the noise of the bullets from a nearby apartment but that she did not hear the noise of bullets striking a surface or building. We are also not persuaded that had the defense attorney received the requested rap sheets that contained Ortega's and Mendez's juvenile history, any difference in the outcome would have resulted. Cheryl Trujillo, 92 years old, currently living in Albuquerque, NM. Counsel's failure to ask Ortega about this alleged inconsistent identification could have been a rational trial strategy. Defendant invoked this Court's mandatory appellate jurisdiction based on his first-degree murder conviction and because he was sentenced to thirty years in prison. {31} Ortega testified at trial that he and fellow Juaritos Maravilla gang members were asked what they were doing in the Barelas barrio by people standing on a second-floor apartment balcony. art. The NPI number of Chris Trujillo is 1578830162 and was assigned on November 2011. and studied at Brighton High School. However, as Defendant did not raise this issue below, it was not properly preserved for appellate review. I do not think that Rule 11-803(X) allows the admission of his statement because the elements of that rule are not met, because the trial court did not seem to rely on that rule in its decision, and because the use of Rule 11-803(X) in this context seems contrary to its purpose. Because none of the other rules upon which the State relied appear to be applicable, I would reverse the convictions of depraved mind murder, aggravated assault, and conspiracy to commit aggravated battery, and remand for a new trial on these counts. Verna Trujillo A Overview. We conclude that the alleged failings of counsel in this case do not result in ineffective assistance of counsel regardless of whether they are considered individually or cumulatively. However, the court then released the two men, unsure of its authority to keep holding them in detention. We find that such evidence was inextricably part of the State's case. As discussed above, there was conflicting testimony about who shot first, Allison or Defendant. El Prado, NM. We Are Available 24/7, Join in honoring their life - plant a memorial tree. Find out which cars have the lowest insurance rates, plus key factors that affect your car insurance premiums. Chris Trujillo Agent, Farm Bureau Financial Services | Las Cruces NM We also note that in a recent opinion this Court unanimously concluded that the district court, under the same exact facts, did not abuse its discretion by admitting Ortiz's prior statement under Rule 11-803(X). In this case the State appears to me to rely on this rule in a way the Court of Appeals rejected as contrary to its purpose. 2023 a domestic/family case was filed by Trujillo . We conclude that Defendant's thirty year sentence with the possibility of good time credit does not constitute fundamental error. The trial judge denied both motions and made the following finding: First of all, I don't think very many jurors heard it. [A] non-jurisdictional claim not raised in the lower court is not properly reviewable on appeal. State v. Burdex, 100 N.M. 197, 201, 668 P.2d 313, 317 (Ct.App.1983) (finding defendant's constitutional claim of cruel and unusual punishment was not asserted at the trial court and was therefore not properly preserved for appeal because such a claim is non-jurisdictional).4 We therefore review Defendant's claim for fundamental error. Section 34-5-8(A)(3) indicates that the Court of Appeals has appellate jurisdiction over criminal actions, except those in which a judgment of the district court imposes a sentence of death or life imprisonment. (Emphasis added.) San Juan County, New Mexico H2 Fact Sheet . {65} Defendant asserts that his sentence was disproportionate to his involvement in the crime as evidenced by the fact that the jury did not convict him of willful and deliberate murder, or of aggravated battery against Mendez, but rather of first-degree depraved-mind murder, which meant the jury clearly believed that Allison, not Defendant, shot the fatal shots. While we agree that the rule cannot be used to supply the missing elements to admit evidence which almost, but not quite, meets the requirements of another specific exception, it can be used to admit out-of-court statements that otherwise bear indicia of trustworthiness equivalent to those other specific exceptions. Finally, the general purposes of these rules and the interests of justice will best be served by the admission of Ortiz's taped statement into evidence, as the circumstances surrounding the statement indicate trustworthiness equivalent to evidence admitted under the other hearsay exceptions. Search Inmate Profiles (MOST POPULAR) Defendant asserts that, as a result, the admissibility of this evidence should be reviewed de novo rather than for an abuse of discretion. 2052). See Danzer v. Prof'l Insurors, Inc., 101 N.M. 178, 180, 679 P.2d 1276, 1278 (1984); see also Govich v. N. Am. Chris Trujillo The Starcourt food court featured a quintessential selection of '80s eateries, including Burger King, Great Panda, Orange Julius, Hot Sam and New York Pizza. On cross-examination, Detective Shawn testified that at the time of the interview he felt that Ortiz knew who the shooters were but was concealing their identity. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. {46} Finally, Defendant argues that defense counsel's failure to challenge the indictment for conspiracy to commit depraved-mind murder, a non-existent crime, constituted per se ineffectiveness. However, he did not object to the admission of this evidence on confrontation grounds, nor did he raise or allude to any general constitutional violations which would occur as a result of its admission. He was born in Los Padilla's, New Mexico to Alfonso and Valentina Sosa, who proceeded him in death. Learn more about FindLaws newsletters, including our terms of use and privacy policy. This rule expressly requires that the proffered statement have equivalent circumstantial guarantees of trustworthiness. I believe that Ortiz had a motive to lie and therefore his statement lacked circumstantial guarantees and was inherently untrustworthy. Ashley Lynae Trujillo Home US States New Mexico Bernalillo County, NM Brandon Trujillo. On the night of the shooting, Ortega identified Defendant as one of the shooters from a photo array shown to him by Detective Shawn. Learn more about merges. of County Comm'rs v. McCulloh, 52 N.M. 210, 215, 195 P.2d 1005, 1008 (1948) (quoting State ex rel. Christopher Trujillo in New Mexico 283 people named Christopher Trujillo found in Albuquerque, Santa Fe and 6 other cities. See Sutphin, 107 N.M. at 131, 753 P.2d at 1319. Defense counsel was apparently not timely informed that they had been brought in and, therefore, did not have an opportunity to interview them at that time. Defendant alleges that the leading questions asked by the prosecutor dominated the questioning of Ortega and were not merely an attempt to lay a foundation or cojole a hostile or timid witness. He also asserts that no evidence showed that Defendant knew anything about Allison's intentions or that he encouraged Allison to shoot Mendez. See Lopez, 2000-NMSC-003, 10, 128 N.M. 410, 993 P.2d 727. Based on the evidence summarized below, we conclude the State met its evidentiary burden. State v. Allison, 2000-NMSC-027, 27-31, 129 N.M. 566, 11 P.3d 141. Moreover, in his opening statement, the defense attorney was completely forthright about Defendant's gang affiliation, stating that there is no question that Chris Trujillo is a gang member. Defense counsel went on to say that nobody in this room is going to think that Mr. Allison or Mr. Trujillo is a Boy Scout We certainly can't avoid the issue that this involves gangs, something about drugs, certainly some violence. Defense counsel also spoke of a spectrum of gang involvement, trying to demonstrate to the jury that while Defendant was not a Boy Scout, he was also not a gang member for profit, for criminal acts, for death, destruction, drug dealing, [or] intimidation. Although we recognize the danger of guilt by association when evidence of gang membership is introduced, such evidence is admissible to show other important elements of the crime, such as motive or intent.
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