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. 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. US States (36975K) . 26,108. Furthermore, Detective Shawn also testified that he believed Ortiz's statement was truthful because it was consistent with other witnesses' testimony and the physical evidence found at the scene. Click a location below to find Christopher more easily. Trujillo, Casey {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. In contrast to his earlier jazz and funk inspired playing, Osbourne's band was more straightforward to hard rock and metal. 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). It is unlikely that either the drafters of Article VI, Section 2 of the New Mexico Constitution, or this Court when it adopted Rule 12-102(A)(1), considered, or even foresaw, this issue when adopting the language limiting our mandatory appellate jurisdiction for criminal appeals to only those [a]ppeals from a judgment of the district court imposing a sentence of death or life imprisonment. N.M. Const. See State v. Sanchez, 112 N.M. 59, 65, 811 P.2d 92, 98 (Ct.App.1991) (In ruling upon the admissibility of the statement the trial court does not determine the ultimate questions of the declarant's credibility; instead, this is the province of the jury); see also UJI 14-5020 NMRA 2002. Full Service Burial. In this situation the use of Rule 11-803(X) seems contrary to its purpose, and allows the State to avoid the requirements of the hearsay rule and its normal exceptions. Accordingly, we conclude that the prosecutor's leading questions did not constitute fundamental error. {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. {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. He was born and raised in Bernal, New Mexico to Ted Trujillo and LuAnna Bustamante. Prison pen pals seeking friendship. Her desire to . If the acts of two or more persons contribute to cause death, each such act is a cause of death. State v. Torres, 1998-NMSC-052, 18, 126 N.M. 477, 971 P.2d 1267 (agreeing that, in the analogous context of statements against penal interest, the subjective beliefs of the declarant about legal culpability are relevant to determining the admissibility of the hearsay). Christopher John Trujillo was born on March 30, 1991. We agree with Defendant that it [was] improper for the prosecution to refer the jury to matters outside the record. Allen, 2000-NMSC-002, 104, 128 N.M. 482, 994 P.2d 728. It appears that in this case the jury rejected Defendant's version of the incident, and we will not substitute our judgment for that of the jury. 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. Refine Your Search Results All Filters 1 Christopher M Trujillo, 49 Resides in Las Vegas, NM Lived In Henderson NV, Las Vegas NV, Chula Vista CA, Virginia Beach VA Q. The State of New Mexico has additional required charges for Cremation Permit, Office of the Medical Investigator fee, death certificates and sales tax. Brandon Trujillo - New Mexico. He accomplished a lot during his 30yrs of life and left a mark on all of our hearts. {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. Defendant also does not dispute that he knew this act was greatly dangerous to the lives of others. See Garcia, 114 N.M. at 274, 837 P.2d at 867. 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. {17} In determining whether a statement is sufficiently trustworthy the statement must be inherently reliable at the time it is made. State v. Williams, 117 N.M. 551, 561, 874 P.2d 12, 22 (1994). 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. Q. {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). Christine Trujillo ( Democratic Party) is a member of the New Mexico House of Representatives, representing District 25. 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. Experience . {77} In fact, the State introduced evidence of Ortiz's and Defendant's gang membership to explain why Ortiz may have lied at trial and to provide a motive for the quarrel. {41} Defendant next argues that his trial counsel failed to review jury questionnaires prior to jury selection. The statement was thus specifically covered by [some] of the foregoing exceptions Rule 11-803(X). As quoted above, Ortega told the story in his own words. 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. {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. Also brother Lawrence Trujillo and wife Leanne of Albuquerque, NM, and numerous aunts, uncles, cousins and friends. About. Further, despite a brief reference to that rule, the trial court may not have admitted the statement on that basis. 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. Christopher Trujillo . And then Silly over here took the gun? I therefore also concur in parts IV, VIII, IX and XI. Previously, Chris was a Park Manager at Broward County, Florida. Lucky was born in Pojoaque, New Mexico on August 12, 1943 to Luis Trujillo and Andalecia Archibeque. 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. Trujillo found that something when he got. [6] Trujillo co-wrote several songs on the Down to Earth album. 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. The agreement may be established by circumstantial evidence. Thus, even though he failed to interview, secure the presence of, or secure a continuance until Canas could be located, it appears undisputed that at least portions of Canas' testimony would have been highly inculpatory, and we are not persuaded that his testimony would have been sufficiently exculpatory to result in an acquittal. He was buried on month day 2001, at burial place. {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). 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). We are not persuaded that Defendant was merely present during the shooting. In this case the State appears to me to rely on this rule in a way the Court of Appeals rejected as contrary to its purpose. 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. 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. {32} Defendant is liable for the crime of first-degree depraved-mind murder whether or not he fired the fatal shot. He is preceded in death by his great grandmother Flora Ortiz, grandfathers Johnny Bustamante, Manuel Trujillo, Luis Avitia, uncles Eric Bustamante, Mark Trujillo, aunts Elaine Whatley, Darlene Anaya and numerous other relatives. See Lopez, 2000-NMSC-003, 10, 128 N.M. 410, 993 P.2d 727. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. I do believe it's appropriate to allow that. Also known as: christopher.trujillo.961 Taco Bell Brighton High School Christopher currently lives in Brighton, CO. Christopher works at Taco Bell. The trial judge denied both motions and made the following finding: First of all, I don't think very many jurors heard it. See 5 Jack B. Weinstein & Margaret A. Berger, Weinsteins's Federal Evidence 807.03[4], at 807-26 (Joseph M. McLaughlin ed., 2d ed. {76} The majority also reasons that because Ortiz put himself and his family in danger by giving a description of the shooters to the police, it is less likely that he lied. Under those circumstances, I am not persuaded that the reasons for the principle of deference apply. 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. {61} Defendant next asserts that the multiple conspiracy charges and convictions violate the Double Jeopardy Clause where there was no evidence of any agreement, let alone separate agreements to support separate charges. The jury had testimony from two other eyewitnesses, Ortiz and Ortega, that support its findings of guilt. He earned his wings too soon on May 4, 2021. Trujillo v. Sullivan, 815 F.2d 597, 613 (10th Cir.1987). Because Defendant did not properly preserve the following issues for appellate review, we review them for fundamental error. {35} Shooting at a dwelling or occupied building consists of willfully discharging a firearm at a dwelling or occupied building. Section 30-3-8(A) (emphasis added). 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. . {47} We consider the entire proceeding as a whole and judge any claim of ineffectiveness on whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result. State v. Richardson, 114 N.M. 725, 727, 845 P.2d 819, 821 (Ct.App.1992) (quoting Strickland, 466 U.S. at 686, 104 S.Ct. Certainly counsel's failure to challenge this indictment prejudiced Defendant as to his conviction for this crime. The prosecutor sought to show that Ortiz was aligned with the Barelas, not the Juaritos Maravilla gang. And after Javier said, I can go anywhere I want, Juaritos, what happened? As noted above, Mendez then responded, we can go anywhere we want, Juaritos. We find that the passing of the gun between Allison and Defendant and the evidence of a verbal conflict between the competing gang members immediately preceding the shooting is sufficient evidence for a rational jury to find beyond a reasonable doubt that either by words or acts there was an agreement to shoot at the men located below the balcony with a deadly weapon. 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. I'm networking with professionals in the fields of Digital Strategy, Marketing, and Web Development. 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. Defendant's case did not go to trial until November 9, 1998, leaving counsel nearly a year to challenge the indictment for this crime. We find sufficient evidence to support Defendant's one conviction for conspiracy to commit aggravated battery and affirm this conviction. Are you getting ready to buy a new car? Contact. Christopher Sam Trujillo. {58} Ortiz's former, or current, membership in the Barelas gang was important for two reasons. However, Ortiz apparently could not recall more specific details of the shooting, including who fired the gun. Chris TRUJILLO, Defendant-Appellant. {42} Defendant also claims that his attorney failed to complete his interview with Ortega. In this case Ortiz described seeing a big guy and a little guy. He also described what each was wearing and told how the big guy asked for the gun, but the little guy did not want to give it to him. Finally, I do not think that the use of Rule 11-803(X) in this context comports with its drafters' intentions. 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. Chris was a hard worker and established his company "All American Towing" in 2017. {2} Pursuant to Rule 12-102(A)(1) NMRA 2002, Defendant raises the following issues on appeal: (1) the admission of the tape and transcript of Joseph Ortiz's out-of-court statement violated Defendant's constitutional right to confrontation and due process because it was inadmissible impeachment and hearsay evidence; (2) his conviction for first-degree depraved-mind murder violated due process of law because sufficient evidence did not support the conviction on any theory; (3) Defendant was convicted of a crime that does not exist-conspiracy to commit depraved-mind murder; (4) there was no evidence that Defendant shot at a dwelling or occupied building; (5) Defendant's trial counsel's performance constituted ineffective assistance of counsel; (6) the prosecutor's acts of misconduct distorted the evidence on the issue of identification, depriving Defendant of due process and a fair trial; (7) the conspiracy charges and Defendant's convictions violate the Double Jeopardy Clause because there is no evidence of any agreement or agreements to support separate charges; (8) the above constitute cumulative error that denied Defendant due process and a fair trial; and (9) Defendant's sentence is disproportionate and in violation of the state and federal constitutional prohibitions against cruel and unusual punishment. Dissent 75-78. I conclude that Rule 11-803(X) does not provide a basis for admitting the statement. He gave no testimony that shots were fired in any direction other than towards the four men standing at ground level. {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. Furthermore, Ortiz was present and available for cross-examination, which meant the jury could observe his demeanor and make its own determinations regarding Ortiz's credibility. 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.