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. However, this argument does not adequately take into account the fact that Ortiz did not have to implicate his cousin at all. online Voody Load 2022 Page 3. {79} I also note that the detective who took Ortiz's statement felt that Ortiz was lying to him. {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. Ward v. Romero, 17 N.M. 88, 100, 125 P. 617, 621 (1912)). Cheryl Trujillo's phone number is (505) 292 - 5391. He earned his wings too soon on May 4, 2021. Id., 31. Defendant's action of taking the gun from Allison to continue the shooting is clear evidence of accessory liability. For example, the prosecutor asked: Q. 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 . We conclude that Defendant's thirty year sentence with the possibility of good time credit does not constitute fundamental error. Her desire to . Prison pen pals seeking friendship. Pound was taken to the hospital and removed from. 20 plus years experiencce in design and project management of architectural projects, including residential, retail, hospitality, healthcare, entertainment and places of worship. See UJI 14-203 NMRA 2002. Furthermore, just because the prosecutor thought defense counsel to be ineffective does not make it so. 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. The Court stated that [t]he attempt to disarm [d]efendant, the elapse of time between the initial random shooting and the shot fired during the struggle, the apparent change in [d]efendant's intent when he stopped the random shooting and returned to his house, all lead us to conclude there was no evidence that [d]efendant's initial depraved-mind action caused the victim's death. Id. {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. {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. Id. Are you getting ready to buy a new car? 26,108. 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. 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. He took pride in everything he did and everything he did was for his sons. Also known as: christopher.trujillo.961 Taco Bell Brighton High School Christopher currently lives in Brighton, CO. Christopher works at Taco Bell. Detective J.D. Ortega unequivocally testified that Defendant and Allison were the shooters, and the jury was given the opportunity to consider Ortiz's prior statement to that effect. Best Match Powered by Whitepages Premium AGE -- Christopher M Trujillo Roswell, NM (Southwest Roswell) View Full Report Moreover, Defendant did not demonstrate that had his counsel moved for a continuance until Canas could be located, the motion would have been granted. 1. Christopher Trujillo - Technical Coordinator - Region 9 Education Cooperative | LinkedIn Christopher Trujillo State of New Mexico - Region 9 Education Cooperative Technical Coordinator. Sisters, Alpha Quill and Robert Tixer . 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. {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. 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. Chris J Trujillo 's Record in 2020 Name {32} Defendant is liable for the crime of first-degree depraved-mind murder whether or not he fired the fatal shot. 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. Chris Trujillo is a provider established in Albuquerque, New Mexico and his medical specialization is Pharmacist. 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. ; see also State v. Lankford, 92 N.M. 1, 2, 582 P.2d 378, 379 (1978). cemeteries found within miles of your location will be saved to your . Although we did not have an extensive analysis on this issue and we noted that the defendant did not persuade us otherwise, we recognized that the district court found that the circumstances of the original statement, the proximity in time to the shooting itself, all are indicia of reliability in that statement. Id. In that case, we found that the defendant's depraved-mind acts of shooting toward two people at two different times were distinguishable and separate from the shot which actually killed the victim. I conclude that Rule 11-803(X) does not provide a basis for admitting the statement. Christopher John Trujillo was born on March 30, 1991. He also asserts that no evidence showed that Defendant knew anything about Allison's intentions or that he encouraged Allison to shoot Mendez. [6] Nearly 24% of New Mexicans rely on SNAP, the highest rate in the . Ortega testified that Allison shot at Mendez first and then Defendant took the gun from Allison and shot at the other two. 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. {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. Because Defendant did not properly preserve the following issues for appellate review, we review them for fundamental error. 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. 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. All rights reserved. Colfax County, New Mexico, USA will be saved to your photo volunteer list. 2052) (internal citation 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. 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. Click a location below to find Christopher more easily. . As you look at Silly here in the courtroom today, is his skin-the skin on his face the same or different than it was back then? Defendant supports his argument with his counsel's own statement, If I would have been able to interview Jesus, put him under oath, we could have had a statement here So I've been thwarted in that. As noted above, Canas and Ortega were arrested and brought in on material witness warrants shortly before trial. {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. 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. While we agree that the subjective beliefs of the declarant about legal culpability can be relevant in determining the admissibility of hearsay, see Torres, 1998-NMSC-052, 18, 126 N.M. 477, 971 P.2d 1267, Ortiz never testified as to what his subjective beliefs were and we refuse to engage in speculation on that point. {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. I'm a Content Strategist focused on Information Architecture and Digital Distribution Design. 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. Select the best result to find their address, phone number, relatives, and public records. 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. In closing the prosecutor made two references to Canas' statement: Let me take you to the balcony. State v. Garcia, 114 N.M. 269, 275, 837 P.2d 862, 868 (1992). Although the statement may have had some prejudicial effect, Defendant has not demonstrated that had this statement not come in, the result of the proceeding would have been different. Furthermore, it is the policy of this Court to construe its rules liberally so that causes on appeal may be determined on their merits. 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. In other words, if a statement is inadmissible under a prior hearsay exception, the statement may nonetheless be considered for admission under the catch-all exception. United States v. Earles, 113 F.3d 796, 800 (8th Cir.1997). at 691, 104 S.Ct. {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. 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. {24} Depraved-mind murder is the killing of one human being by another without lawful justification or excuse, by any of the means with which death may be caused by any act greatly dangerous to the lives of others, indicating a depraved mind regardless of human life. Section 30-2-1(A)(3). 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. GENE E. FRANCHINI, Justice (concurring in part, dissenting in part). Implicit in the standard of materiality is the notion that the significance of any particular bit of evidence can only be determined by comparison to the rest. 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). {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. Public Records & Background Search Christopher David Trujillo, age 60, Denver, CO Background Check 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. {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). Click a location below to find Christopher more easily. {26} Defendant does not dispute that the act of shooting from the second floor balcony into a group of people was an act greatly dangerous to the lives of others. Q. we must avoid concentrating on the suppressed evidence in isolation. {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 was born and raised in Bernal, New Mexico to Ted Trujillo and LuAnna Bustamante. 2. We find that such evidence was inextricably part of the State's case. 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. There is sufficient evidence to support findings that (1) Allison committed an act greatly dangerous to the lives of others, (2) knowing that the act created a risk of death or great bodily harm, which indicated a depraved-mind, without regard for the lives of others, (3) that Defendant helped him commit that act, and (4) that Defendant shared Allison's purpose or design. {87} I would reverse the trial court's determination that Ortiz's hearsay statement was admissible and reverse Defendant's convictions. The email address cannot be subscribed. Furthermore, both identified Defendant as one of the shooters from a photo lineup shown to them by Detective Shawn the night of the shooting. Cheryl Trujillo, 92 years old, currently living in Albuquerque, NM. 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. {48} We next address Defendant's argument that the prosecutor engaged in prosecutorial misconduct that deprived him of a fair trial. Why WriteAPrisoner? {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. The evidence at trial revealed that shots were fired from an apartment balcony downward into a courtyard area. We disagree. 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. Accordingly, defendant must still affirmatively prove prejudice. Defendant has identified no prejudice resulting from any lack of preparedness, nor do we find any. 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. BLOG; CATEGORIES. The State introduced evidence that Defendant and Allison were members of the Barelas gang, and that Ortega, Canas, and Mendez were members of a rival gang, the Juaritos Maravilla. Christopher John Trujillo was born on March 30, 1991. The court must then determine whether, in light of all the circumstances, the identified acts or omissions were outside the wide range of professionally competent assistance. Strickland v. Washington, 466 U.S. 668, 690, 104 S.Ct. Learn more about FindLaws newsletters, including our terms of use and privacy policy. At the start of trial a week later, Canas did not appear in court, and it was later learned that he had apparently fled to Colorado. Rather, we must place it in the context of the entire record. Also, proceeded him are brothers, Frank Sosa, Dan Henry Sosa and Ernest Sosa. {73} First, I am not persuaded that the requirements for admission under Rule 11-803(X) were satisfied. 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. We conclude that Defendant's gang membership was undisputed by the defense and that the State used evidence of gangs to the extent that it was relevant to its case. {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. The State of New Mexico has additional required charges for Cremation Permit, Office of the Medical Investigator fee, death certificates and sales tax.
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