Based on these facts, we find that there are equivalent circumstantial guarantees of trustworthiness to make this statement admissible under Rule 11-803(X) and conclude that the trial court's determination that the evidence was admissible was not erroneous, arbitrary, or unwarranted. Counsel's failure to ask Ortega about this alleged inconsistent identification could have been a rational trial strategy. Now, you said Charlie started shooting first. 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. Organizers became used to getting 100 requests per day, but saw it go down to 20 requests because the government increased its food aid, she said. This narrow interpretation of the rule has been rejected by a majority of circuits, and we decline to adopt it in our jurisdiction. On the stand Ortiz stated that he could not recall the particular details of the crime. Id. On November 13, 1997, this Court filed its opinion in Baca, 1997-NMSC-059, 51, 124 N.M. 333, 950 P.2d 776, holding that conspiracy to commit depraved-mind murder is not a cognizable crime in New Mexico. 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. See 5 Jack B. Weinstein & Margaret A. Berger, Weinsteins's Federal Evidence 807.03[4], at 807-26 (Joseph M. McLaughlin ed., 2d ed. However, during cross-examination, defense counsel questioned Detective Shawn about Ortega's alleged statement to Landaras, specifically attacking his failure to follow-up on this information known by one of his detectives, Detective Martinez. BLOG; CATEGORIES. His fear could have had the same effect on his statement to the police. The State asserts without discussion, and without citing to any evidence in the record, that Defendant willfully discharged the gun at an occupied apartment building. Viewing the evidence in the light most favorable to the State, resolving all conflicts and indulging all permissible inferences to uphold a verdict of conviction, we find that there was no evidence to support the jury's conclusion that Defendant shot at a dwelling or occupied building. Stevens said any time SNAP benefits increased since the pandemic began in 2020, the number of requests for care packages went down. Assistance of counsel is presumed effective unless the defendant demonstrates both that counsel was not reasonably competent and that counsel's incompetence caused the defendant prejudice. State v. Gonzales, 113 N.M. 221, 229-30, 824 P.2d 1023, 1031-32 (1992). 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. Rule 11-804(A)(3) is simply the definition of unavailable that would apply to Ortiz and is not a ground for the admission of the statement. Christopher Raymond Trujillo, 1970 - 2007 Christopher Raymond Trujillo was born on month day 1970, at birth place, District of Columbia. As summarized above, there was sufficient evidence to convict Defendant of first-degree depraved-mind murder as either a principal or accessory and conspiracy to commit aggravated battery. He stated that he was beaten up by other gang members when he was ranked out because he was no longer hanging out with them. He Was Born to Cathy Trujiilo and Anthony Suazo, Raised by his Grandparents in the small town Taos, New Mexico, USA. Email. The email address cannot be subscribed. It makes little sense to allow adults convicted of first-degree murder to appeal directly to this Court, but to force juveniles convicted of the same crime to first appeal to the Court of Appeals. It was just one. Ortega again identified Defendant at trial as the second shooter. Shortly after the shots were fired, Ortiz ran after Mendez and found him lying face down in the alley. Trujillo found that something when he got. The court then noted that the State could have impeached Ortiz with every line of the out-of-court statement, and that it was more efficient to just play the tape to the jury. State v. Allison, 2000-NMSC-027, 27-31, 129 N.M. 566, 11 P.3d 141. Prison pen pals seeking friendship. 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. {15} As a general rule, the [a]dmission of evidence is entrusted to the discretion of the trial court, and rulings of the trial judge will not be disturbed absent a clear abuse of discretion.2 State v. Worley, 100 N.M. 720, 723, 676 P.2d 247, 250 (1984); see also Lopez, 2000-NMSC-003, 10, 128 N.M. 410, 993 P.2d 727; State v. Torres, 1998-NMSC-052,15, 126 N.M. 477, 971 P.2d 1267; State v. Stout, 96 N.M. 29, 32, 627 P.2d 871, 874 (1981). Because we have vacated all convictions for which we found error, and there is otherwise no error to accumulate, we conclude that the defendant received a fair trial and that the doctrine is not applicable in this case. The same motivation that influenced Ortiz to neglect to name the two men on the balcony would, I think, encourage him to shift the blame for the fatal shot from his cousin to Defendant. However, the court then released the two men, unsure of its authority to keep holding them in detention. However, this argument does not adequately take into account the fact that Ortiz did not have to implicate his cousin at all. STATE of New Mexico, Plaintiff-Appellee, v. Chris TRUJILLO, Defendant-Appellant. {1} Defendant Chris Trujillo was convicted of first-degree depraved-mind murder, conspiracy to commit first-degree depraved-mind murder, aggravated assault, conspiracy to commit aggravated battery, 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).1 The jury found Defendant not guilty of aggravated battery, aggravated assault, shooting at a dwelling or occupied building (great bodily injury), and shooting at a dwelling or occupied building (resulting in injury). He was born in Los Padilla's, New Mexico to Alfonso and Valentina Sosa, who proceeded him in death. In our analysis. See Garcia, 114 N.M. at 274, 837 P.2d at 867. Ortega stated that Allison was the original shooter, firing two or three times at Mendez, and then Defendant took the gun and shot at Canas and Ortega. {63} Defendant argues that cumulative error requires a reversal in this case. {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. GENE E. FRANCHINI, Justice (concurring in part, dissenting in part). (1)Ambiguity-the danger that the meaning intended by the declarant will be misinterpreted by the witness and hence the jury; (2) Lack of candor-the danger the declarant will consciously lie; (3) Faulty memory-the danger that the declarant simply forgets key material; and (4) Misperception-the danger that the declarant misjudged, misinterpreted, or misunderstood what he saw. Defendant was charged with conspiracy to commit depraved-mind murder on July 22, 1997. Furthermore, both identified Defendant as one of the shooters from a photo lineup shown to them by Detective Shawn the night of the shooting. Thus, we do not address Defendant's double jeopardy argument. We review each of Defendant's allegations of ineffective assistance of counsel individually in addition to considering their cumulative effect. {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. He is a Taos High School graduate of (1998). I also agree that there was sufficient evidence to support the conviction of conspiracy to commit aggravated battery. Dissent 79. 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. 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 earned his wings too soon on May 4, 2021. No. Lucky was born in Pojoaque, New Mexico on August 12, 1943 to Luis Trujillo and Andalecia Archibeque. So I'm going to leave it alone. Dec. 20, 2020: An open letter to my school family. US States (36975K) . Chris J Trujillo 's Record in 2020 Name Majority Opinion, 4. Read More Contact Chris Trujillo's Phone Number and Email Last Update 11/19/2022 5:44 PM Email c***@newyorklife.com Public Records & Background Search Christopher David Trujillo, age 60, Denver, CO Background Check But what Detective Shawn found was consistent. The trial court also provided that [i]t is this Court's intention that the Defendant be eligible for good time credit as to the sentence imposed. (Emphasis omitted.) {3} On July 3, 1997, Defendant and Charlie Allison were outside on a second-floor apartment balcony in the Barelas neighborhood of Albuquerque when they became involved in an argument with four men located at ground level: Joseph Ortiz, Juan Ortega, Jesus Canas, and Javier Mendez. Her desire to . The State also offered the hearsay under a number of other rules: Rule 11-613(B) (extrinsic proof of prior inconsistent statements), Rule 11-801(D)(1)(c) (statements of identification), Rule 11-804(A)(3) (one of the definitions of unavailable) and Rule 11-803(X). Ortiz, however, did have a motive to shift the blame for the fatal shot from his cousin to Defendant, assuming-as I think we can-that Ortiz was aware that eyewitnesses put both his cousin and Defendant on the balcony, and assuming familial loyalty to his cousin. {14} At trial, the State called Ortiz as an eyewitness to testify regarding the details of the shooting. Thus, even assuming the prosecutor improperly led the witness in the excerpts identified by Defendant, we find no prejudice to Defendant on the issue of identification. 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. Title: Microsoft Word - 2023-01-25 SJ County H2 Fact Sheet - FINAL.docx Author: Chris Created Date: 1/25/2023 9:37:23 AM . He is a Taos High School graduate of (1998). 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. Necessarily, there were other apartment buildings in the vicinity. As a preliminary matter, we must first consider the question of whether Defendant preserved the confrontation issue for appellate review. Id. art. Defendant also does not dispute that he knew this act was greatly dangerous to the lives of others. Dissent 75-78. 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. Accordingly, we conclude that a thirty year sentence with the opportunity for good time was authorized by statute and not constitutionally disproportionate to the crimes involved. Chris Trujillo, the Owner, is personally available to you throughout the time that we are caring for your loved one as well as when the service concludes. For further information contact Arvin Trujillo, CEO Four Corners Economic Development at (505) 5663702 or by email at atrujillo@4cornersed.com. {16} The trial court found the statement admissible under Rule 11-803(X), and we conclude that it did not abuse its discretion by admitting Ortiz's statement under this Rule. 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. Now, who was Charlie shooting at, if you know? 1 was here. 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. See e.g., Gonzales, 113 N.M. at 230, 824 P.2d at 1032 (finding that in order to prevail on his ineffective assistance of counsel claim, defendant had to first demonstrate that had his counsel moved for severance, the motion would have been granted). He was born and raised in Bernal, New Mexico to Ted Trujillo and LuAnna Bustamante. Furthermore, both Ortiz and Ortega indicated that the shooting was the result of a verbal conflict between competing gang members. The agreement may be established by circumstantial evidence. Chris was a hard worker and established his company "All American Towing" in 2017. The majority admits Ortiz's out of court statements under Rule 11-803(X) NMRA 2002. . (emphasis omitted). Luciano (Lucky) (Caddy) Trujillo, 78, of Pojoaque, passed away on October 28, 2021 at his home in Nambe. 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. Sisters, Alpha Quill and Robert Tixer . ALBUQUERQUE, N.M. (KRQE) - Carlos Trujillo enjoyed football and wrestling as a kid growing up in Albuquerque but he needed something with more juice. 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. Men and women behind bars seeking letters on WriteAPrisoner. I therefore respectfully dissent from part III(B). Memorial ID. 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. However, [a]n error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment. Id. 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. Find out which cars have the lowest insurance rates, plus key factors that affect your car insurance premiums. On the night of the shooting, Ortega identified Defendant as one of the shooters from a photo array shown to him by Detective Shawn. Watch me LIVE every Wednesday & Thursday . {25} In order to convict Defendant of first-degree depraved-mind murder as a principal, the state had to prove beyond a reasonable doubt each of the following elements of the crime: (1)The defendant discharged a firearm several times from the balcony of an apartment dwelling; (2)The defendant's act caused the death of Javier Mendez; (3)The act of the defendant was greatly dangerous to the lives of others, indicating a depraved mind without regard for human life; (4)The defendant knew that his act was greatly dangerous to the lives of others; (5)This happened in New Mexico on or about the 3rd day of July, 1997. we must avoid concentrating on the suppressed evidence in isolation. He also asserts that no evidence showed that Defendant knew anything about Allison's intentions or that he encouraged Allison to shoot Mendez. Family and friends must say goodbye to their beloved Christopher Patrick Trujillo (Ranchos de Taos, New Mexico), who passed away at the age of 37, on August 14, 2017. {67} For the reasons stated above, we vacate Defendant's conviction for conspiracy to commit depraved-mind murder and 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). It is true that the evidence tends to align itself with two different factual conclusions-that either Defendant or Allison shot and killed Mendez. The majority holding otherwise, I respectfully dissent. He also testified that Ortiz identified Defendant as one of the shooters from a photo lineup as well but refused to have his identification recorded. He was raised with his fourteen siblings in what was always an entertaining and loving environment. Christopher Trujillo in New Mexico We found 66 records for Christopher Trujillo in Roswell, Albuquerque and 18 other cities in New Mexico. If the acts of two or more persons contribute to cause death, each such act is a cause of death. Trujillo Family Funeral Home LLC in Albuquerque, NM | Company Info Company Information Sponsored Links Company Contacts CHRISTOPHER TRUJILLO Member JOHN LOPEZ Member WILLIAM FERGUSON Manager WILLIAM FERGUSON Member WILLIAM FERGUSON Organizer Reviews Write Review There are no reviews yet for this company. B26A. {84} We have already noted in the related case State v. Allison, 2000-NMSC-027, 30, 129 N.M. 566, 11 P.3d 141, that Rule 11-803(E) is not a proper ground for the admission of this statement. According to Ortiz's statement, after Defendant resisted Allison's request for the gun, Defendant told the four down below, You guys think I'm joking, and began shooting. And I've instructed the State that that did not open the door and I don't want that pursued, but that's as far as I'm going to go. Get contact info, address & run background checks for Elaine Trujillo. {78} Both familial loyalty and fear of retaliation could lead to an inference that Ortiz would not have made the statement to the police unless he believed it to be true. Chris was a hard worker and established his company All American Towing in 2017. The prosecutor sought to show that Ortiz was aligned with the Barelas, not the Juaritos Maravilla gang. "I called him right after the vote that we legalized cannabis in New Mexico," Trujillo told the Santa Fe New Mexican about the March 31 conversation with her son, who is now in his second. {66} Section 31-18-15.3(D) provides: When an alleged serious youthful offender is found guilty of first degree murder, the court shall sentence the offender pursuant to the provisions of the Criminal Sentencing ActThe court may sentence the offender to less than, but not exceeding, the mandatory term for an adult. Adults convicted of first-degree murder shall be punished by life imprisonment or death. Section 31-18-14(A). The City of Los Trujillo is located in Valencia County in the State of New Mexico.Find directions to Los Trujillo, browse local businesses, landmarks, get current traffic estimates, road conditions, and more.The Los Trujillo time zone is Mountain Daylight Time which is 7 hours behind Coordinated Universal Time (UTC). Check other contact information for Cheryl Trujillo. Furthermore, even if Ortiz had believed that his cousin would be less culpable had he not fired the fatal shots, one could also speculate that he would have believed his cousin to be even less culpable had he not fired any shots. Thus, I concur in parts II, III(A), V, and VI. We Are Available 24/7, Join in honoring their life - plant a memorial tree. {30} In State v. Baca, 1997-NMSC-059, 15, 124 N.M. 333, 950 P.2d 776, we concluded that in order to find the defendant guilty as an accessory to first-degree depraved-mind murder the State was required to show, either through direct or circumstantial evidence, that [the principal] committed an act greatly dangerous to the lives of others indicating a depraved mind without regard for human life and also that [the accomplice] helped, encouraged or caused [the principal's] act, intending that the crime occur. Id. 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. 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. Defense counsel did not timely object to this line of questioning. 1655 La Fonda Dr Las Cruces, NM 88001-3904 Directions. {85} Finally, Rule 11-801(D)(1)(c) (statements of identification) would not allow the statements to come in because Ortiz's interview did not identify either of the two shooters but instead described the shooting. In that case, we ultimately allowed the admission of Ortiz's out-of-court statement under Rule 11-803(X), not on the merits, but because the defendant in that case did not argue against the use of that rule. Email. 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. {21} Under these circumstances, we find that the taped statement and transcript were reliable and important for the jury to consider, as it went to the identity of the shooters. {6} Detective Doug Shawn, the officer assigned to the case, testified that he interviewed several eyewitnesses to the shooting, all of whom identified Defendant as one of the shooters and indicated that only one gun had been used. She was born to Santiago Miranda and Magdalena Sanchez on February 25, 1928, in Albuquerque, New Mexico. 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. Because causation was at issue here, the jury was also instructed that: The cause of death is an act which, in a natural and continuous chain of events, produces the death and without which the death would not have occurred. 27. {51} The trial judge denied Defendant's motion to dismiss on the basis that it came down to a swearing match between the two attorneys and she found no prejudice to the Defendant. Certainly counsel's failure to challenge this indictment prejudiced Defendant as to his conviction for this crime. 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. See State v. Salgado, 1999-NMSC-008, 5-11, 126 N.M. 691, 974 P.2d 661; see also State v. Beachum, 83 N.M. 526, 527, 494 P.2d 188, 189 (Ct.App.1972) (A decision of the trial court will be upheld if it is right for any reason.). at 560, 874 P.2d at 21 (quoting State v. Taylor, 103 N.M. 189, 197, 704 P.2d 443, 451 (Ct.App.1985)). I therefore also concur in parts IV, VIII, IX and XI. The State initially proffered the out of court statements under Rule 11-803(E) NMRA 2002. Do you see one of those people in the courtroom today? This comment must be considered in the context in which it was made; it occurred during a heated exchange between the defense attorney and the prosecutor, in which defense counsel informed the court that the prosecutor had committed an assault and battery on him by removing his eyeglasses from his face during a witness interview. Furthermore, it is the policy of this Court to construe its rules liberally so that causes on appeal may be determined on their merits. 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. 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. {27} Defendant's reliance on Hernandez is misplaced. On May 25, 2021 a funeral service will be held at 10am by Father George Salazar at Santa Rita Church in Bernal, NM. Followed by a rosary at 7pm at Santa Rita Church in Bernal, NM. Sys., 112 N.M. 226, 230, 814 P.2d 94, 98 (1991); Lowe v. Bloom, 110 N.M. 555, 555, 798 P.2d 156, 156 (1990). of County Comm'rs v. McCulloh, 52 N.M. 210, 215, 195 P.2d 1005, 1008 (1948) (quoting State ex rel. And do you see like pimples or acne scars on his face? Rather, we must place it in the context of the entire record. Christopher Sam Trujillo. In this vein, Ortiz's ranking out of the Barelas gang certainly provided a plausible explanation for the start of the quarrel. Leave a sympathy message to the family in the guestbook on this memorial page of . {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. 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.