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. Christopher Eric Trujillo was born on month day 1966, at birth place, New Mexico. See id. He testified that he had planned to meet up with Mendez at the apartments on the day of the shooting and that soon after he arrived he heard an argument and gunshots. 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. Copyright 2023, Thomson Reuters. 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). It could have gone either way, and again, the prejudice to the defendant, I just don't see it. We agree that viewed in the context of the entire record, there is nothing to indicate that had the July booking photograph been disclosed, the result of the proceeding would have been different. We therefore find no error. Memorial ID. Attended New Mexico State University in Las Cruces, New Mexico, USA in (1998-2000). And then Silly over here took the gun? 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. Nancy Fontenot. We have thousands of pen pals in prison to select from. 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). 2052, 80 L.Ed.2d 674 (1984). WED: Thousands in NM see drop in SNAP benefits as pandemic expansion The United States Supreme Court has held that the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution. Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 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 agreement may be established by circumstantial evidence. {69} I would remand this case for a new trial. {33} Defendant was charged and convicted of conspiracy to commit a first-degree depraved-mind murder. Top 20 high school second basemen entering the 2023 baseball season {53} Defendant argues that the prosecutor improperly led Ortega on the crucial issue of identification, undermining the truth-finding process and violating principles of fundamental fairness. He took pride in everything he did and everything he did was for his sons. Full Service Burial. Title: Microsoft Word - 2023-01-25 SJ County H2 Fact Sheet - FINAL.docx Author: Chris Created Date: 1/25/2023 9:37:23 AM . However, a statement may not be admitted under this exception unless the proponent of it makes known to the adverse party sufficiently in advance of the trial or hearing to provide the adverse party with a fair opportunity to prepare to meet it, the proponent's intention to offer the statement and the particulars of it, including the name and address of the declarant. Carol Marie Trujillo of New Mexico, arrests, mugshots, charges and Although it appears that defense counsel did not interview Ortega prior to opening statements, the court noted that it would allow counsel to finish interviewing him before he took the stand. Attended New Mexico State University in Las Cruces, New Mexico, USA in (1998-2000). Q. 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. I therefore respectfully dissent from part III(B). . In making its final ruling, the trial court mentions, for the first time, Rule 11-803(X): I think [that there are] grounds for me to go ahead and allow it at least to be played for the jury, just not admitted into evidence as an exhibit, but for all the other reasons that were cited by [the State], 803X and some of the other 804-A3. Elisia Miranda Trujillo entered into life eternal on Friday, February 10, 2023, at the age of 94. {55} Canas was arrested on a material witness warrant but was not interviewed by the defense and apparently fled the jurisdiction prior to trial. Invalid memorial . No, you know, "I'm sorry, I. Because Defendant did not properly preserve the following issues for appellate review, we review them for fundamental error. Trujillo | Obituaries | gpkmedia.com He gave no testimony that shots were fired in any direction other than towards the four men standing at ground level. Ward v. Romero, 17 N.M. 88, 100, 125 P. 617, 621 (1912)). The trial court never made an express ruling that the three textual requirements of Rule 11-803(X) had been met, nor did it rule that the State's failure to comply with the notice requirement was excusable. 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. We find that such evidence was inextricably part of the State's case. We found Elaine Trujillo from El Prado New Mexico. Despite Defendant's objections, the court admitted the evidence pursuant to Rules 11-803(E), 11-803(X), 11-804(A)(3), and 11-612 NMRA 2002. Christopher Trujillo - Organizer - Boulder Content Strategy - LinkedIn Chris was a hard worker and established his company All American Towing in 2017. Two months later, on March 23, police say 35-year-old Trujillo beat and strangled Pound before staging the scene to look like a suicide attempt. Chris is survived by his loving wife Amber Trujillo and sons Jason(Chinche)Trujillo, Christopher(Cola)Trujillo and Ambrose(Chicken) Trujillo, mother LuAnna Bustamante, father Ted Trujillo, maternal grandmother Ramona Jaramillo, paternal grandmother Preddie Thompson, brother Dominic Trujillo and wife Katherine, nephew Julian Lucero, nieces Seryna Rodriguez, Alyssa Lucero Brandi Trujillo and Briana Trujillo all of Bernal, NM. And after Javier said, I can go anywhere I want, Juaritos, what happened? 26,108. See Sutphin, 107 N.M. at 131, 753 P.2d at 1319. Colfax County, New Mexico, USA will be saved to your photo volunteer list. 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 5 Jack B. Weinstein & Margaret A. Berger, Weinsteins's Federal Evidence 807.03[4], at 807-26 (Joseph M. McLaughlin ed., 2d ed. As a result of this argument, shots were fired from the upstairs balcony at a downward angle, killing Mendez and wounding Canas. Christopher Sam Trujillo. Also known as: christopher.trujillo.961 Taco Bell Brighton High School Christopher currently lives in Brighton, CO. Christopher works at Taco Bell. [6] Trujillo co-wrote several songs on the Down to Earth album. Main navigation. Both Ortega and Ortiz indicated that one of the two men shot first at Mendez, and then the gun was handed off to the other who immediately shot at Ortega and Canas. {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. Faced with the possibility of gang retaliation, Ortiz might have felt pressure to give an incomplete or inaccurate description of the events. Looking for Chris Trujillo in Albuquerque, New Mexico? Ortega testified that Allison shot at Mendez first and then Defendant took the gun from Allison and shot at the other two. Similarly, the danger that Ortiz might have a faulty memory is not present here, because Ortiz gave his statement just hours after the shooting. Chris Trujillo. Id. 2001) (Although there was initially some debate about the meaning of this phrase, [not specifically covered by any of the foregoing exceptions,] the majority of circuits have concluded that the phrase means only that, if a statement is admissible under one of the hearsay exceptions, that exception should be relied on instead of the residual exception. (citations omitted). {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. 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. He is a Taos High School graduate of (1998). This is where Chris became interested in law enforcement. 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. 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.). This pay is 25 percent lower than average and 12 percent lower than median salary in Northern New Mexico . Renew Profile for Christopher Trujillo 157139 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. {54} Defendant next argues that the prosecutor improperly elicited damaging hearsay testimony on the issue of identification. Now, who was Charlie shooting at, if you know? We conclude that a rational jury could find, from this testimony, that beyond a reasonable doubt Defendant's act of shooting into the crowd caused Mendez's death. He took pride in everything he did and everything he did was for his sons. The jury had before it evidence from two other eyewitnesses that identified Defendant as one of the shooters. 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. Chris received a Bachelor of Arts degree from New Mexico Highlands University. Accordingly, defendant must still affirmatively prove prejudice. Ashley Lynae Trujillo Home US States New Mexico Bernalillo County, NM Brandon Trujillo. 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. {56} We agree that Detective Shawn's statements regarding Canas' identification of Defendant was improper hearsay testimony. Further, despite a brief reference to that rule, the trial court may not have admitted the statement on that basis. On June 30, 2012, 19-year-old Cindy "Tig" Rivera left the home she shared with her father on Peggy Lee Lane in Las Vegas, New Mexico. He earned his wings too soon on May 4, 2021. {29} Defendant may also have been convicted of first-degree depraved-mind murder as an accessory to the crime. On the other hand, both facts also argue that the statement he gave was less than candid. While a life sentence has never been interpreted to mean a sentence to imprisonment for the duration of the defendant's natural life, it has been interpreted to mean thirty years of imprisonment before the possibility of parole or reduction of sentence through good time credits. Body And Domestic Horror In Christopher Carmona's Strange Leaves It did not, however, satisfy the requirements of any of those exceptions. {49} When an issue of prosecutorial misconduct is properly preserved by a timely objection at trial, we review the trial court's ruling on this issue under the deferential abuse of discretion standard because the trial court is in the best position to evaluate the significance of any alleged prosecutorial errors. State v. Duffy, 1998-NMSC-014, 46, 126 N.M. 132, 967 P.2d 807. 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. He Then left school to pursue his dream in the Arts. Q. An isolated, minor impropriety ordinarily is not sufficient to warrant reversal, because a fair trial is not necessarily a perfect one. Allen, 2000-NMSC-002, 95, 128 N.M. 482, 994 P.2d 728 (internal quotation marks and citations omitted). GENE E. FRANCHINI, Justice (concurring in part, dissenting in part). We have developed the entire body of New Mexico case law for first-degree murder cases, and it would only create confusion and inconsistency for the rare case of a serious youthful offender convicted of first-degree murder but sentenced to less than life imprisonment to proceed first to the Court of Appeals when all other first-degree cases proceed directly to this Court. Ortega testified that he heard someone on the balcony ask them what they were doing in their barrio-meaning the Barelas barrio-and that he was talking to Canas, Ortega and Mendez, all Juaritos. 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). 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. He earned his wings too soon on May 4, 2021. 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. {42} Defendant also claims that his attorney failed to complete his interview with Ortega. As a preliminary matter, we must first consider the question of whether Defendant preserved the confrontation issue for appellate review. Id. Defendant first alleged that the State failed to provide accurate rap sheets on Ortega and Mendez, stating that neither record showed that the two men had a criminal history even though testimony presented at trial indicated that both had previously been in Springer Boys Home or the D home. Defendant also claimed that the State failed to provide a July booking photo taken of Defendant shortly after his arrest. I think you are stuck with the strategy there. Familial loyalty and fear of retaliation would seem to argue more forcefully against a truthful statement; at the very least they do not provide circumstantial guarantees of trustworthiness. {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. We do not address this argument since we have reversed Defendant's convictions as to all charges relating to shooting at a dwelling or occupied building. {50} Defendant first argues that the prosecutor engaged in misconduct by failing to disclose material evidence to the defense. 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. Chris Trujillo in Albuquerque, NM | PeekYou 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 FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Her desire to . This narrow interpretation of the rule has been rejected by a majority of circuits, and we decline to adopt it in our jurisdiction. STATE of New Mexico, Plaintiff-Appellee, v. Chris TRUJILLO, Defendant-Appellant. 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. 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. 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. 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. We affirm Defendant's convictions for first-degree depraved-mind murder and conspiracy to commit aggravated battery. Evidence that supports two contradictory inferences is properly said to have proved neither. Brandon Trujillo in New Mexico Bernalillo County. 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 also testified that Ortiz identified Defendant as one of the shooters from a photo lineup as well but refused to have his identification recorded. Defendant argues that Javier, presumably, had long since turned and run, and in all likelihood had already been hit by the fatal bullet when Defendant began shooting. As to lack of candor, we find the fact that Ortiz was not a suspect in the shooting and therefore had no reason to shift blame away from himself, the fact that he implicated his own cousin, Allison, in his statement, and the fact that he likely placed himself and his family in grave danger by giving Detective Shawn a physical description of the shooters, make it less likely that Ortiz would have consciously lied to Detective Shawn about what he observed that night. . {40} Defendant first argues that even the State in this case acknowledged from the outset that his counsel was ineffective, stating: What you have here is ineffectiveness of counsel crusading as someone who wants to disqualify me from participation in this case. . and studied at Brighton High School. (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 argues there is insufficient evidence to establish elements one and three beyond a reasonable doubt-that Defendant intended for Allison to shoot and kill Mendez and that Defendant helped or encouraged him to do it. {9} We conclude that serious youthful offenders convicted of first-degree murder shall be allowed to invoke this Court's mandatory appellate jurisdiction under Article VI, Section 2 of the New Mexico Constitution and Rule 12-102(A)(1). View Christopher Trujillo's profile on LinkedIn, the world's largest professional community. 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. Now, you said Charlie started shooting first. Do you see one of those people in the courtroom today? No. 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. We do not find the trial court's decision to be arbitrary, capricious, or beyond reason. 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. Defendant's action of taking the gun from Allison to continue the shooting is clear evidence of accessory liability. 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. However, the court then released the two men, unsure of its authority to keep holding them in detention. In our analysis. 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. [W]here a jury verdict in a criminal case is supported by substantial evidence, the verdict will not be disturbed on appeal. State v. Anaya, 98 N.M. 211, 212, 647 P.2d 413, 414 (1982). Defendant's reliance on these cases is misplaced. Carlos Trujillo found his sport behind the wheel on rough terrain - KRQE {20} Turning to the other three criteria required by the Rule, first, the statement was offered as evidence of a material fact-the identity of the shooters. In New Mexico the doctrine of cumulative error is strictly applied. Stills, 1998-NMSC-009, 51, 125 N.M. 66, 957 P.2d 51 (quoting State v. Martin, 101 N.M. 595, 601, 686 P.2d 937, 943 (1984)). 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. Chris Trujillo (1942-2008) - Find a Grave Memorial {71} Defendant's claims of prosecutorial misconduct and cruel and unusual punishment arising from his sentence could arise on remand, so I agree these questions ought to be reached; additionally, I agree with the majority's disposition on the merits. Defendant objected to the tape being played to the jury, claiming that this was improper impeachment and inadmissible hearsay under Rules 11-613(B), 11-803(E), 11-801(D)(1)(c), 11-804(A)(3), and 11-803(X) NMRA 2002. 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. {72} I would, however, remand for a new trial because I believe for the following reasons that the admission of the tape and transcript of Joseph Ortiz's interview with the police was reversible error. Christopher Trujillo - Biography - IMDb Los Trujillo Map. Thus, I concur in parts II, III(A), V, and VI. When a defendant has been convicted of a capital felony, he shall be punished by life imprisonment or death. Section 31-18-14(A). As a result, the prosecutor played the tape of an interview between Ortiz and Detective Shawn conducted a few hours after Mendez was killed. c***@lanl.gov. 4. He was born and raised in Bernal, N.M., to Ted Trujillo and LuAnna Bustamante. UJI 14-2822 NMRA 2002. The fact finder can reject the defendant's version of an incident. State v. Vigil, 87 N.M. 345, 350, 533 P.2d 578, 583 (1975). Chris Trujillo was born and raised in Socorro, NM where his Mother and Father were very active members of the San Miguel Church and his Father, Mike A. Trujillo, was a Judge for 23 years up until his passing. In order to convict Defendant on this theory, the State had to prove that, even though Defendant did not commit the acts constituting the crime himself: 1. Christopher Raymond Trujillo, 1970 - 2007 Christopher Raymond Trujillo was born on month day 1970, at birth place, District of Columbia. Defense counsel also did not dispute the accuracy of the following statement argued to the court by the State: I would also say in the interviews Mr. DeVoe [co-defendant Charlie Allison's counsel] conducted with Mr. Huero [sic] and Mr. Canas, Mr. DeVoe showed the two photo arrays of Allison and Trujillo to Iguado [Ortega] and Canas and they reaffirmed their identification of both defendants at Mr. DeVoe's request. Has a Death Occurred? Dissent 79. {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. View Christopher Trujillo's profile on LinkedIn, the world's largest professional community. {34} Defendant next argues that his convictions for all counts relating to shooting at a dwelling or occupied building must be reversed because there was no evidence that Defendant shot at a dwelling or occupied building. 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. Experience . 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 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. Court & Arrest Records Dr. Patricia Trujillo Named Higher Education Deputy Secretary Also brother Lawrence Trujillo and wife Leanne of Albuquerque, NM, and numerous aunts, uncles, cousins and friends. 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. {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). 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. 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. For example, the prosecutor asked: Q. TRUJILLO FAMILY FUNERAL HOME LLC - Bizapedia
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