Furthermore, just because the prosecutor thought defense counsel to be ineffective does not make it so. His contagious smile and outgoing personality will be greatly missed. Because we consider improperly admitted evidence when evaluating the sufficiency of the evidence on appeal, State v. Post, 109 N.M. 177, 181, 783 P.2d 487, 491 (Ct.App.1989), I agree that there is sufficient evidence supporting the conviction of depraved mind murder as a principal or as an accessory. . {39} Defendant claims that the following flaws in defense counsel's performance resulted in ineffective assistance: counsel was unprepared to start trial, he failed to review jury questionnaires prior to jury selection, he failed to complete his interview with Ortega, he failed to interview, secure the presence of, or secure a continuance until such time as Canas could be located, he failed to object to prejudicial hearsay statements, he elicited highly prejudicial evidence against his own client, and he failed to challenge an indictment for a nonexistent crime. . 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. Exercising this discretion, the trial court sentenced Defendant to a term of THIRTY (30) YEARS, BUT NOT LIFE for his first-degree murder conviction. 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. It also provides a plausible explanation for a less than candid statement to the police about that quarrel. 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. Defendant urges us to find that because of these facts, and because he was a child at the time of the crime, his sentence is so disproportionate as to shock the general conscience or violate principles of fundamental unfairness. We acknowledge that [a] sentence may constitute cruel and unusual punishment if its length is disproportionate to the crime punished, Burdex, 100 N.M. at 202, 668 P.2d at 318, and that it is within the province of the judiciary to review whether a sentence constitutes cruel and unusual punishment in violation of a constitutional provision. State v. Rueda, 1999-NMCA-033, 10, 126 N.M. 738, 975 P.2d 351. Even assuming competent counsel would not have performed in such a manner, we do not find the necessary prejudice. She was born to Santiago Miranda and Magdalena Sanchez on February 25, 1928, in Albuquerque, New Mexico. I respectfully dissent from part III(B). RESET. Add new skills with these courses 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. Q. As quoted above, Ortega told the story in his own words. Also known as: christopher.trujillo.961 Taco Bell Brighton High School Christopher currently lives in Brighton, CO. Christopher works at Taco Bell. 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. Christopher Trujillo - Technical Coordinator - Region 9 Education Cooperative | LinkedIn Christopher Trujillo State of New Mexico - Region 9 Education Cooperative Technical Coordinator. {32} Defendant is liable for the crime of first-degree depraved-mind murder whether or not he fired the fatal shot. {50} Defendant first argues that the prosecutor engaged in misconduct by failing to disclose material evidence to the defense. A Memorial Tree was planted for Christopher, We are deeply sorry for your loss ~ the staff at Riverside Funeral Home of Santa Fe, Has a Death Occurred? When he just-when like-they just started shooting when he said, Juaritos. When he said, I could be anywhere I want, Juaritos, they just started shooting. 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. State v. Varela, 1999-NMSC-045, 42, 128 N.M. 454, 993 P.2d 1280 (refusing to extend Baca's holding to prohibit the conviction of conspiracy to commit shooting at a dwelling which requires willful, rather than reckless, behavior). Decided: February 05, 2002 Freedman, Boyd, Daniels, Hollander, Goldberg & Cline, P.A., Lisa N. Cassidy, Albuquerque, NM, Phyllis H. Subin, Chief Public Defender, Nancy M. Hewitt, Assistant Appellate Defender, Santa Fe, NM, for Appellant. 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. Christopher passed away on month day 2001, at age 35 at death place, New Mexico. We found Elaine Trujillo from El Prado New Mexico. Write a prisoner today. Chris was a hard worker and established his company "All American Towing" in 2017. 2. {54} Defendant next argues that the prosecutor improperly elicited damaging hearsay testimony on the issue of identification. . He earned his wings too soon on May 4, 2021. 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. See Sutphin, 107 N.M. at 131, 753 P.2d at 1319. New Mexico Counties Filter by filled date. Detective Shawn stated that on the night of the shooting Ortega identified Defendant as one of the shooters from a photo lineup and that he recorded this identification. The NPI number of Chris Trujillo is 1578830162 and was assigned on November 2011. We review each of Defendant's allegations of ineffective assistance of counsel individually in addition to considering their cumulative effect. Mexico City. 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. We find there was sufficient evidence to convict Defendant of first-degree depraved-mind murder on either of these theories. State v. Allison, 2000-NMSC-027, 27-31, 129 N.M. 566, 11 P.3d 141. Defendant in this case was sentenced to thirty years of imprisonment, with the judge explicitly providing that he be eligible for good time credit. Defendant did object when the prosecutor asked the Detective about the witnesses' descriptions of Defendant's acne and during the prosecutor's attempt to have the Detective testify as to Canas' identification of Defendant from the photo array. In this case the person in the best position to gauge the candor of the out of court statement was Detective Shawn, who alone observed Ortiz's demeanor at the time of the interview. (citations omitted). 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. For example, the prosecutor asked: Q. Parties alleging fundamental error must demonstrate the existence of circumstances that shock the conscience or implicate a fundamental unfairness within the system that would undermine judicial integrity if left unchecked. State v. Cunningham, 2000-NMSC-009, 21, 128 N.M. 711, 998 P.2d 176. State v. Lopez, 1997-NMCA-075, 123 N.M. 599, 943 P.2d 1052 recognizes that courts ought to give a narrow interpretation of the word identification, stating: Identification in its usual sense hinges upon a witness' recognition of a suspect and ability to match the person then to the person now and give assurances that this is the same individual. Lopez, 1997-NMCA-075, 11, 123 N.M. 599, 943 P.2d 1052. Trujillo was a member of Ozzy Osbourne's band for a number of years starting in the late 1990s. {41} Defendant next argues that his trial counsel failed to review jury questionnaires prior to jury selection. He was shooting, and these guys over here took the gun away from his hands and started shooting at me and Jesus. 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. {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. Defendant also does not dispute that he knew this act was greatly dangerous to the lives of others. Defendant argues that mere presence during the commission of the crime is not enough, but rather some outward manifestation of approval is necessary to show that Defendant shared Allison's purpose or intent. Q. Read More Contact Chris Trujillo's Phone Number and Email Last Update 11/19/2022 5:44 PM Email c***@newyorklife.com 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.). 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. Luciano (Lucky) (Caddy) Trujillo, 78, of Pojoaque, passed away on October 28, 2021 at his home in Nambe. Email. The State initially proffered the out of court statements under Rule 11-803(E) NMRA 2002. Caitlyn Trujillo lives in Brush, CO Below are the results we could find for Caitlyn Trujillo. 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. 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. Do you see one of those people in the courtroom today? We find that there was sufficient evidence for a rational jury to find beyond a reasonable doubt that Defendant helped, encouraged, caused, and intended the shooting which resulted in Mendez's death. Show on Map . Rather, we must place it in the context of the entire record. On cross-examination, Detective Shawn testified that at the time of the interview he felt that Ortiz knew who the shooters were but was concealing their identity. 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. {37} Defendant claims that he received ineffective assistance of counsel at every stage of the trial proceedings. Chris received a Bachelor of Arts degree from New Mexico Highlands University. 2023 a case was filed by Lucero Chris, in the jurisdiction of Bernalillo County. 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. 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). Della Gonzales also testified that she heard the noise of the bullets from a nearby apartment but that she did not hear the noise of bullets striking a surface or building. Why WriteAPrisoner? Chris Trujillo is a provider established in Albuquerque, New Mexico and his medical specialization is Pharmacist. {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). As a preliminary matter, we must first consider the question of whether Defendant preserved the confrontation issue for appellate review. Id. Email. Rule 12-216(B)(2) NMRA 2002 (This [preservation] rule shall not preclude the appellate court from considering in its discretion, questions involving: fundamental error or fundamental rights of a party.); see State v. Allen, 2000-NMSC-002, 95, 128 N.M. 482, 994 P.2d 728. Defendant specifically cites to two excerpts in the record that he claims were crucial to Defendant's conviction in which the prosecutor improperly elicited testimony on the issue of identification. The prosecutor then requested that the court allow him to play for the jury the tape of Ortiz's July 3rd statement to Detective Shawn in which Ortiz gave a more detailed account of the events. We affirm Defendant's convictions for first-degree depraved-mind murder and conspiracy to commit aggravated battery. While it is unclear from the transcript what the exact grounds for the trial court's ruling were, it is clear that Rule 11-803(X) did not play a significant role in the deliberations. Public Records & Background Search Christopher David Trujillo, age 60, Denver, CO Background Check I concur in parts II, III(A), IV, V, VI, VIII, IX and XI. {83} In this case, the State initially offered the testimony under Rule 11-803(E) (recorded recollection), and that was the focus of most of its discussion. 1194, 10 L.Ed.2d 215 (1963). Reputation Score: 0.83 - 1.98. Her desire to . Our resolution of this issue rests on whether the prosecutor's improprieties had such a persuasive and prejudicial effect on the jury's verdict that the defendant was deprived of a fair trial. Id. Click a location below to find Christopher more easily. 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. Moreover, counsel did not draw the jury's attention to it, and it was not repeated by counsel or the prosecutor. He was born and raised in Bernal, N.M., to Ted Trujillo and LuAnna Bustamante. An autopsy report shows Gustavo Surez, a 21-year-old American, was shot 12 times after he failed to stop while being chased by Mexican soldiers, who opened fired after he crashed. Albuquerque, NM. Because of my disposition of Defendant's evidentiary objection, I would not reach parts VII or X. {28} At trial, the evidence showed that Defendant and Allison were standing on the second floor balcony and opened fire at a group of rival gang members below. The State also presented evidence that there was a verbal exchange between Allison, Defendant and Mendez and that some gang identification prompted the shooting. LUTCF, Registered Representative. 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. Dec. 20, 2020: An open letter to my school family. Inmate Profiles . A. and studied at Brighton High School. However, at trial, after Ortiz had time to appreciate the danger of gang retaliation, and after testifying that it was unacceptable to rat out a gang member and that he or one of his family members could be killed for it, Ortiz changed his story and repeatedly stated that he could not recall the details of the shooting on July 3rd, which made the taped statement the most probative evidence on this point that could be procured through reasonable efforts. Christopher Eric Trujillo was born on month day 1966, at birth place, New Mexico. 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. Request Quote . Experience . We therefore find no error. He was born and raised in Bernal, New Mexico to Ted Trujillo and LuAnna Bustamante. Attended New Mexico State University in Las Cruces, New Mexico, USA in (1998-2000). 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. Elaine Trujillo is 69 years old today because Elaine's birthday is on 11/05/1953. Ortega again identified Defendant at trial as the second shooter. A. See Baca, 1997-NMSC-059, 51, 124 N.M. 333, 950 P.2d 776. There was nothing in his statement that indicated that any of the shots had been fired at any building. If counsel had questioned Ortega about this statement on the stand and he had denied making it, Defendant's theory of the case could have been weakened. San Juan County, New Mexico H2 Fact Sheet . 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). On May 25 Id. Christopher John Trujillo was born on March 30, 1991. 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. However, the court then released the two men, unsure of its authority to keep holding them in detention. I'm a Content Strategist focused on Information Architecture and Digital Distribution Design. {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. Her current term ends on December 31, 2024. 3375, 87 L.Ed.2d 481 (1985)). Hours & Location. Chris Trujillo Agent, Farm Bureau Financial Services | Las Cruces NM Pound was taken to the hospital and removed from. 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). There is no question that Mendez's death was caused by a depraved-mind act, the hail of bullets from the balcony. 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. 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. 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. 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. He Then left school to pursue his dream in the Arts. I therefore also concur in parts IV, VIII, IX and XI. Cheryl Trujillo, 92 years old, currently living in Albuquerque, NM. 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. The court indicated that as to the identity of the shooter, Defendant was not prejudiced because Canas could have testified that the shooter was bald, but at the same time he may have elicited information that that bald person's name was Silly [Defendant's alias]. Accordingly, we conclude that the prosecutor's leading questions did not constitute fundamental error. Northern New Mexico College. This rule expressly requires that the proffered statement have equivalent circumstantial guarantees of trustworthiness. I believe that Ortiz had a motive to lie and therefore his statement lacked circumstantial guarantees and was inherently untrustworthy. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. However, this argument does not adequately take into account the fact that Ortiz did not have to implicate his cousin at all. When a defendant has been convicted of a capital felony, he shall be punished by life imprisonment or death. Section 31-18-14(A). 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.
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