Finally, we find there was little danger that Ortiz misjudged, misinterpreted, or misunderstood what he saw that evening because there were no impediments to his perception and because he was present throughout the event. Chris Trujillo is an Agent at New York Life Insurance based in New York City, New York. The State also presented evidence that there was a verbal exchange between Allison, Defendant and Mendez and that some gang identification prompted the shooting. Memorial ID. His contagious smile and outgoing personality will be greatly missed. The agreement need not be verbal, but may be shown to exist by acts which demonstrate that the alleged co-conspirator knew of and participated in the scheme. {55} Canas was arrested on a material witness warrant but was not interviewed by the defense and apparently fled the jurisdiction prior to trial. Evidence that supports two contradictory inferences is properly said to have proved neither. This is where Chris became interested in law enforcement. {52} When an issue has not been properly preserved by a timely objection at trial, we have discretion to review the claim on appeal for fundamental error. {19} The dissent concludes that with respect to the second danger, lack of candor, Ortiz did in fact have a motive to lie and therefore his statement lacked circumstantial guarantees and was inherently untrustworthy. Dissent 74. The jury had testimony from two other eyewitnesses, Ortiz and Ortega, that support its findings of guilt. Christopher Eric Trujillo was born on month day 1966, at birth place, New Mexico. The dissent agrees that as a general matter we should defer to the discretion of the trial judge on evidentiary matters, but argues that [s]uch deference has less force in this case, where it is less than clear from the record that the trial court relied upon Rule 11-803(X) in its ruling. Dissent 80. Chris Trujillo, CxA Construction | Commissioning Specialist at QA Engineering LLC Albuquerque, New Mexico, United States 291 followers 294 connections Join to connect QA Engineering LLC. As noted in State v. Swavola, 114 N.M. 472, 475, 840 P.2d 1238, 1241 (Ct.App.1992), a prima facie case [of ineffective assistance] is not made when a plausible, rational strategy or tactic can explain the conduct of defense counsel. We find that defense counsel's failure to question Ortega about his alleged statements to Landaras and his failure to challenge his conflicting identifications can be explained as a rational trial strategy and therefore conclude that defense counsel was acting with reasonable competence, and, in any event, did not prejudice Defendant's case. Defendant argues that mere presence during the commission of the crime is not enough, but rather some outward manifestation of approval is necessary to show that Defendant shared Allison's purpose or intent. Detective Shawn testified that Ortiz identified Defendant from a photo lineup as one of the shooters, but refused to have his response recorded on tape. WE CONCUR: PATRICIO M. SERNA, Chief Justice, and PETRA JIMENEZ MAES, Justice. Cheryl Trujillo, 92 years old, currently living in Albuquerque, NM. Defense counsel, in a motion to dismiss for prosecutorial misconduct, alleged two instances in which the State failed to provide material evidence to the defense. {80} We have said-and as a general matter I agree-that we should defer to the discretion of the trial judge on evidentiary matters. Chris J Trujillo 's Record in 2020 Name Rather, the dissent urges, the rule should be used in a novel situation not considered by the drafters and not specifically covered by any of the foregoing exceptions' It should not be used when the statement is of a type expressly considered by other exceptions, but which does not satisfy the rules those exceptions establish. Id. The State responds to this argument by claiming that the prosecutor went to great pains to neutralize any bad feelings the jurors may have had about gangs and repeatedly cautioned the jury to judge the case only on its facts. At trial, the judge ruled that the State could introduce evidence relating to gang names and affiliation, but limited the scope and the purpose of the testimony so that it would only be admissible insofar as it's probative of motive, state of mind, intent, and those sorts of things. On direct examination, Ortiz testified that he grew up in Barelas and was basically born and raised in the gang. There may be more than one cause of death. online Voody Load 2022 Page 3. As its first sentence makes clear, Rule 11-803(X) should be used in a novel situation not considered by the drafters and not specifically covered by any of the foregoing exceptions It should not be used when the statement is of a type expressly considered by other exceptions, but which does not satisfy the rules those exceptions establish. Christopher Trujillo - Technical Coordinator - Region 9 Education Cooperative | LinkedIn Christopher Trujillo State of New Mexico - Region 9 Education Cooperative Technical Coordinator. The dissent argues that our analysis under Rule 11-803(X) is misplaced because this exception cannot be read to mean that hearsay which almost, but not quite, fits another specific exception, may be admitted under the other exceptions' subsection Dissent 82 (quoting State v. Barela, 97 N.M. 723, 726, 643 P.2d 287, 290 (Ct.App.1982)). Thus, even assuming a reasonably competent attorney would have timely objected, Defendant has not demonstrated that but for counsel's unprofessional errors, the result of the proceeding would have been different. Brazeal, 109 N.M. at 757-58, 790 P.2d at 1038-39 (quoting Strickland, 466 U.S. at 694, 104 S.Ct. The majority admits Ortiz's out of court statements under Rule 11-803(X) NMRA 2002. He asserts that there was no evidence from any witness that any of the shots were directed at any building or that any bullets hit a building. [6] Engage via Email. The jury had before it evidence from two other eyewitnesses that identified Defendant as one of the shooters. As the Defendant himself concedes, [w]hen allowed to speak freely, Juan clearly testified that Charlie shot Javier and then Silly shot at him and Jesus. Rule 11-611(C) NMRA 2002 states: Leading questions should not be used on the direct examination of a witness except as may be necessary to develop the witness's testimony. In State v. Orona, 92 N.M. 450, 454, 589 P.2d 1041, 1045 (1979), the Court concluded that, under Rule 11-611(C), [d]eveloping testimony by the use of leading questions must be distinguished from substituting the words of the prosecutor for the testimony of the witness. The Court found that the trial court abused its discretion in such a manner as to violate principles of fundamental fairness after it permitted every word describing the alleged offense to come from the prosecuting attorney rather than from the witness. Detective Shawn's frustration that Ortiz was hiding the identity of the shooters is understandable. we must avoid concentrating on the suppressed evidence in isolation. 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. From the onset of New Mexico jurisprudence, first-degree murder convictions have been appealed directly to this Court, and even after the creation of the Court of Appeals, this Court retained this crucial area of jurisdiction. 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. The defendant helped, encouraged or caused the crime to be committed. He was born and raised in Bernal, New Mexico to Ted Trujillo and LuAnna Bustamante. {23} Under a sufficiency of the evidence analysis, we must first determine whether substantial evidence of either a direct or circumstantial nature exists to support a verdict of guilt beyond a reasonable doubt with respect to every element essential to a conviction. State v. Sutphin, 107 N.M. 126, 131, 753 P.2d 1314, 1319 (1988). {42} Defendant also claims that his attorney failed to complete his interview with Ortega. Stay up-to-date with how the law affects your life. Because Defendant did not properly preserve the following issues for appellate review, we review them for fundamental error. Defendant's case did not go to trial until November 9, 1998, leaving counsel nearly a year to challenge the indictment for this crime. When a defendant has been convicted of a capital felony, he shall be punished by life imprisonment or death. Section 31-18-14(A). First, Ortiz's fear of retaliation went to his credibility, by showing that he had valid reasons-including the safety and well-being of himself and his family-for being less than candid about his cousin's and Defendant's involvement in the shooting at trial. 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. Date added: 1/11/2012. Detective J.D. She told him that she was going to be back in a few. Majority Opinion, 4. Request Quote . {4} Ortiz, Allison's cousin, was a former Barelas gang member who had been ranked out and was apparently no longer welcome in the area. Chris Trujillo's Phone Number and Email Last Update. {60} Defendant's final claim is that the prosecutor aggravated the damage in closing by repeatedly referring to Jesus' story and identification as though it were valid evidence properly before the jury for consideration. He is a Taos High School graduate of (1998). She was born to Santiago Miranda and Magdalena Sanchez on February 25, 1928, in Albuquerque, New Mexico. Lucky was born in Pojoaque, New Mexico on August 12, 1943 to Luis Trujillo and Andalecia Archibeque. On the night of the shooting, Ortega identified Defendant as one of the shooters from a photo array shown to him by Detective Shawn. He was born and raised in Bernal, New Mexico to Ted Trujillo and LuAnna Bustamante. New Mexico State Police now say Rivera, who was 19 years old at the time, was kidnapped and killed by her ex-husband, Christopher Trujillo, with the help of his cousin Anselmo "Chemo" Ortiz. Defendant asserts that the prosecutor's failure to disclose material evidence to the defense, improper use of leading questions, improper introduction of hearsay evidence, use of inflammatory and irrelevant evidence, and improper argument, distorted the evidence on the crucial issue of identification. {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. 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? Title: Microsoft Word - 2023-01-25 SJ County H2 Fact Sheet - FINAL.docx Author: Chris Created Date: 1/25/2023 9:37:23 AM . . You can view 1 entry, complete with personal details, location history, phone numbers, relatives and locations for Caitlyn Trujillo. Public Records & Background Search Christopher David Trujillo, age 60, Denver, CO Background Check While the prosecutor cannot hide information behind other arms of the State, see Kyles v. Whitley, 514 U.S. 419, 437, 115 S.Ct. In other words, [t]he defendant must show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. Brazeal, 109 N.M. at 757-58, 790 P.2d at 1038-39 (quoting Strickland, 466 U.S. at 694, 104 S.Ct. See Baca, 1997-NMSC-059, 24, 124 N.M. 333, 950 P.2d 776. During its discussion of Rule 11-803(X), the State recognized that it had not satisfied all of the requirements of the rule: I realize that notice should be given sufficiently in advance of trial to allow counsel to prepare, but I think the Court is well aware of the circumstances under which Mr. Ortiz has appeared here. However, we conclude that these references to Canas' statement did not deprive Defendant of a fair trial. However, by bringing this evidence in through Detective Shawn, Defendant was able to argue that the police did an inadequate investigation, potentially leaving the jury with reasonable doubt as to the identification of the shooters. {62} Conspiracy is a specific intent crime. Click a location below to find Christopher more easily. Christopher John Trujillo was born on March 30, 1991. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. {82} The Court of Appeals has said of the essentially identical predecessor to Rule 11-803(X) that it cannot be read to mean that hearsay which almost, but not quite, fits another specific exception, may be admitted under the other exceptions' subsection State v. Barela, 97 N.M. 723, 726, 643 P.2d 287, 290 (Ct.App.1982). If we were to adopt the dissent's reading of this rule, we would deprive the jury of reliable probative evidence relevant to the jury's truth-seeking role. Prosecutors say he and Christopher Trujillo kidnapped and murdered Cindy near Bernal in 2012. 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. We Are Available 24/7Albuquerque(505) 225-8282 | Santa Fe (505) 240-6663Live Chat. Experience . Add new skills with these courses However, as Defendant did not raise this issue below, it was not properly preserved for appellate review. Dissent 79. 1194, 10 L.Ed.2d 215 (1963). The NPI number of Chris Trujillo is 1578830162 and was assigned on November 2011. And do you see like pimples or acne scars on his face? Because of our disposition of Defendant's convictions for conspiracy to commit depraved-mind murder and conspiracy to commit shooting at a dwelling or occupied building, the only remaining conspiracy conviction is conspiracy to commit aggravated battery. See Sutphin, 107 N.M. at 131, 753 P.2d at 1319. 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. It seems clear from the record that defense counsel did interview Ortega, as indicated by the trial judge's statement: In reference to the interview, that I'm not so much concerned about because that was conducted out of the presence of the jury and the interview, at least with Mr. Ortega, happened. We find nothing in the record to indicate that defense counsel did not avail himself of this opportunity. Such deference, however, has less force in this case, where it is less than clear from the record that the trial court relied upon Rule 11-803(X) in its ruling. 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. In order to be convicted of conspiracy, the defendant must have the requisite intent to agree and the intent to commit the offense that is the object of the conspiracy. Varela, 1999-NMSC-045, 42, 128 N.M. 454, 993 P.2d 1280; see also Baca, 1997-NMSC-059, 51, 124 N.M. 333, 950 P.2d 776. Judge Victor S. Lopez presiding. Family and friends can send flowers and/or light a candle as a loving gesture for their loved one. of County Comm'rs v. McCulloh, 52 N.M. 210, 215, 195 P.2d 1005, 1008 (1948) (quoting State ex rel. We review each of Defendant's allegations of prosecutorial misconduct individually in addition to considering their cumulative effect. 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. Thus, I concur in parts II, III(A), V, and VI. San Juan County, New Mexico H2 Fact Sheet . Four members of the army were placed under arrest Thursday and each face homicide, bodily injury and . Unlike the testimony in Orona, the prosecutor in this case did not substitute his words for those of Ortega. I agree that Ortiz's fear of retaliation shows that he has valid reasons for being less than candid about his cousin's and Defendant's involvement in the shooting at trial. Majority Opinion, 58. {22} Defendant next argues that insufficient evidence supports his conviction for first-degree depraved-mind murder on either a principal or accessory liability theory. On May 25 View Verna T. Background Search . Because Rule 11-803(X) requires an affirmative showing of such guarantees, I do not believe that it provides a basis for admitting this statement. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. At that point the trial court allowed the witness to be led, and the direct examination continued with the prosecutor graphically describing sexual acts of defendant by way of leading questions, to each of which the witness gave a simple answer of yes. Id. {58} Ortiz's former, or current, membership in the Barelas gang was important for two reasons. However, at trial, after Ortiz had time to appreciate the danger of gang retaliation, and after testifying that it was unacceptable to rat out a gang member and that he or one of his family members could be killed for it, Ortiz changed his story and repeatedly stated that he could not recall the details of the shooting on July 3rd, which made the taped statement the most probative evidence on this point that could be procured through reasonable efforts. See Danzer v. Prof'l Insurors, Inc., 101 N.M. 178, 180, 679 P.2d 1276, 1278 (1984); see also Govich v. N. Am. {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. According to Ortiz, even though the bigger guy asked for the gun, the little guy did not want to give it to him, telling the four down below, You guys think I'm joking, before he began shooting. The email address cannot be subscribed. Invalid memorial . Hours & Location. Chris Trujillo Agent, Farm Bureau Financial Services | Las Cruces NM None appears to support the use of Ortiz's interview with the police. We affirm Defendant's convictions for first-degree depraved-mind murder and conspiracy to commit aggravated battery. However, Detective Shawn testified that he believed Ortiz was generally telling the truth, but that he was withholding the actual names of the shooters and was only willing to give a physical description of them. 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. Inmates personal profiles, inmates legal profiles and inmate resumes. In order to convict Defendant of this offense, the State had to prove beyond a reasonable doubt that Defendant committed the crime of depraved-mind murder either as a principal or an accessory. In both instances the objections were sustained, but no limiting instruction was requested. Because we find substantial evidence in the record to support Defendant's convictions, and because Defendant failed to demonstrate circumstances that shock the conscience or show a fundamental unfairness, we find no fundamental error. Burial and reception will follow at 430 County Rd. In view of my disposition of part III(B), I would not reach the ineffective assistance of counsel and cumulative error claims found in parts VII and X. ; see also State v. Lankford, 92 N.M. 1, 2, 582 P.2d 378, 379 (1978). 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. Decided: February 05, 2002 Freedman, Boyd, Daniels, Hollander, Goldberg & Cline, P.A., Lisa N. Cassidy, Albuquerque, NM, Phyllis H. Subin, Chief Public Defender, Nancy M. Hewitt, Assistant Appellate Defender, Santa Fe, NM, for Appellant. See UJI 14-340 NMRA 2002. (3)the general purposes of these rules and the interests of justice will best be served by admission of the statement into evidence. We find no evidence to suggest that defense counsel purposely elicited the Detective's answer, or could have known it was coming. I also agree that there was sufficient evidence to support the conviction of conspiracy to commit aggravated battery. By Jovita Trujillo -Los Angeles March 03, 2023 11:14 PM EST Michael Douglas is sharing insight into his activities on the golf course with his wife, Catherine Zeta-Jones. Now, you said Charlie started shooting first. 11 (quoting State v. Ross, 1996-NMSC-031, 122 N.M. 15, 22, 919 P.2d 1080, 1087) (internal quotation marks omitted). Questions Post Question Furthermore, both identified Defendant as one of the shooters from a photo lineup shown to them by Detective Shawn the night of the shooting. Further, despite a brief reference to that rule, the trial court may not have admitted the statement on that basis. Defendant asserts that an unconstitutional sentence is an illegal sentence that may be challenged for the first time on appeal, relying on State v. Sinyard, 100 N.M. 694, 695, 675 P.2d 426, 427 (Ct.App.1983) and State v. Smith, 102 N.M. 350, 351-353, 695 P.2d 834, 835-837. Ortega testified that Allison shot at Mendez first and then Defendant took the gun from Allison and shot at the other two. We are not persuaded that Defendant was merely present during the shooting. This case raises the unique jurisdictional issue of whether a serious youthful offender convicted of first-degree murder is allowed to invoke our mandatory appellate jurisdiction even though he is sentenced to less than life imprisonment due to the discretion afforded district court judges when sentencing serious youthful offenders convicted of a capital felony. 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. 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. Defendant's action of taking the gun from Allison to continue the shooting is clear evidence of accessory liability. 2. Elisia Miranda Trujillo entered into life eternal on Friday, February 10, 2023, at the age of 94. Strange Leaves Analysis In the short story "Strange Leaves," Christopher Carmona uses symbolism to concentrate on body and domestic horror by directing his attention to young women traveling across Latin America who are betrayed by their country, home, and physical appearance. Second, the statement was more probative of the identity of the shooters than any other evidence the State could procure through reasonable efforts-in Ortiz's taped statement he indicated that there was a big guy wearing black jeans and a black t-shirt, presumably Allison, and a little guy wearing light blue jeans and a striped shirt, presumably Defendant, on the balcony and that the little guy did the shooting. {12} Defendant first argues that the admission of the tape and transcript of Ortiz's out-of-court statement violated his right to confront the witness against him under the Sixth Amendment to the United States Constitution as applied to the States by the Fourteenth Amendment, and under Article II, Section 14 of the New Mexico Constitution. Ortega again identified Defendant at trial as the second shooter. We hold that sufficient evidence exists to affirm Defendant's conviction of first-degree depraved-mind murder on either a principal or accessory liability theory. Do you see one of those people in the courtroom today? {59} Defendant next claims that the prosecutor improperly injected his own opinion during closing arguments on the definition of at for shooting at a dwelling or occupied building charges. Chris Trujillo - Farm Bureau Financial Services - We make it simple to protect your family, home,. Trujillo ( Democratic Party) ran for re-election to the New Mexico House of Representatives to represent District 25. {87} I would reverse the trial court's determination that Ortiz's hearsay statement was admissible and reverse Defendant's convictions. However, the court then released the two men, unsure of its authority to keep holding them in detention. There, after the witness stated that she could not recall exactly what happened, the prosecutor, over instruction from the court, lead the witness with the only evidence adduced at trial which would support the charge of criminal sexual penetration in the first-degree. The State has an affirmative duty to disclose any material evidence favorable to the defendant which the state is required to produce under the due process clause of the United States Constitution. Rule 5-501(A)(6) NMRA 2002.