We found Elaine Trujillo from El Prado New Mexico. 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. In this vein, Ortiz's ranking out of the Barelas gang certainly provided a plausible explanation for the start of the quarrel. Based on the evidence summarized below, we conclude the State met its evidentiary burden. The majority holding otherwise, I respectfully dissent. 2052. 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. 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. However, we conclude that these references to Canas' statement did not deprive Defendant of a fair trial. This Court has recognized four primary dangers of hearsay which can potentially make a hearsay statement unreliable. The dissent argues that our analysis under Rule 11-803(X) is misplaced because this exception cannot be read to mean that hearsay which almost, but not quite, fits another specific exception, may be admitted under the other exceptions' subsection Dissent 82 (quoting State v. Barela, 97 N.M. 723, 726, 643 P.2d 287, 290 (Ct.App.1982)). {59} Defendant next claims that the prosecutor improperly injected his own opinion during closing arguments on the definition of at for shooting at a dwelling or occupied building charges. 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. Thus, we do not address Defendant's double jeopardy argument. 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. Trujillo, Casey She is passionate about finding creative solutions to unconventional problems.<br><br>Carolina thrives in a highly dynamic work environment, by being adaptable and leveraging her technical and managerial skills. Request Quote . For example, the prosecutor asked: Q. 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. View Verna T. Background Search . of County Comm'rs v. McCulloh, 52 N.M. 210, 215, 195 P.2d 1005, 1008 (1948) (quoting State ex rel. Counsel's failure to ask Ortega about this alleged inconsistent identification could have been a rational trial strategy. 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. Attended New Mexico State University in Las Cruces, New Mexico, USA in (1998-2000). Dissent 79. 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. BLOG; CATEGORIES. Are you getting ready to buy a new car? {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. Four members of the army were placed under arrest Thursday and each face homicide, bodily injury and . El Prado, NM. See Lopez, 2000-NMSC-003, 10, 128 N.M. 410, 993 P.2d 727. And do you see like pimples or acne scars on his face? Looking for Chris Trujillo in Albuquerque, New Mexico? 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. Shortly after the shots were fired, Ortiz ran after Mendez and found him lying face down in the alley. The email address cannot be subscribed. Read More Contact Chris Trujillo's Phone Number and Email Last Update 11/19/2022 5:44 PM Email c***@newyorklife.com So I'm going to leave it alone. Email. We therefore 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). Accordingly, we hold that serious youthful offenders convicted of first-degree murder shall be allowed to invoke this Court's mandatory jurisdiction under Article VI, Section 2 of the New Mexico Constitution and Rule 12-102(A)(1). {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. She was a beloved daughter, wife, mother, grandmother, great-grandmother, and a friend to many. As a result, the prosecutor played the tape of an interview between Ortiz and Detective Shawn conducted a few hours after Mendez was killed. Refine Your Search Results All Filters 1 Christopher D Trujillo, 57 Resides in Las Cruces, NM Related To Stephanie Trujillo, Rudy Trujillo, Johnny Trujillo, Olga Trujillo {64} Lastly, Defendant claims that his thirty year sentence constitutes cruel and unusual punishment in violation of the Eighth Amendment to the United States Constitution and Article II, Section 13 of the New Mexico Constitution. "I thought it was Sam Armstrong's best outing since he's been at ODU with 12 strikeouts no walks and six strong innings. 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. 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. He took pride in everything he did and everything he did was for his sons. 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. 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. However, as Defendant did not raise this issue below, it was not properly preserved for appellate review. We Are Available 24/7, Join in honoring their life - plant a memorial tree. Q. Second, Ortiz's ranking out of the Barelas gang offered a plausible explanation for the start of the quarrel; his former comrades objected to Ortiz showing back up at the scene of his disgrace. We find that such evidence was inextricably part of the State's case. 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. (emphasis omitted). While we remind counsel of their obligations of civility and professionalism under the Rules of Professional Conduct, see e.g., Rule 16-804 NMRA 2002, we are not persuaded that this incident, or the trial judge's denial of the request for a continuance, resulted in prejudice to the Defendant. {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. 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. Defendant has identified no prejudice resulting from any lack of preparedness, nor do we find any. The fact that Ortiz most likely would view his cousin as being less culpable had he not fired the fatal shots significantly diminishes any circumstantial guarantee of trustworthiness based on the notion that people do not implicate family members unless believing it to be true. 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). Q. Second of all, I think it would be to your disadvantage for me to reiterate what it was because then they will really focus on the fact that he allegedly was buying a handgun. 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. {87} I would reverse the trial court's determination that Ortiz's hearsay statement was admissible and reverse Defendant's convictions. Defendant in this case was sentenced to thirty years of imprisonment, with the judge explicitly providing that he be eligible for good time credit. Arrangements made through Riverside Funeral Home of Santa Fe. 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. Christopher Sam Trujillo. If a hearsay statement is similar to those defined by a specific exception but does not actually qualify for admission under that exception, these courts allow the statement to be considered for admission under the residual exception.). But what Detective Shawn found was consistent. It did not, however, satisfy the requirements of any of those exceptions. {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). 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. He Then left school to pursue his dream in the Arts. The State of New Mexico has additional required charges for Cremation Permit, Office of the Medical Investigator fee, death certificates and sales tax. {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). Q. As quoted above, Ortega told the story in his own words. 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. Ashley Lynae Trujillo Home US States New Mexico Bernalillo County, NM Brandon Trujillo. 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. 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. Detective Shawn testified that Ortiz identified Defendant from a photo lineup as one of the shooters, but refused to have his response recorded on tape. Because I find none of the other rules relied upon by the State and the trial court persuasive, I would remand for a new trial and not allow the substantive use of the evidence. 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? Trujillo was a member of Ozzy Osbourne's band for a number of years starting in the late 1990s. On May 25 However, both Ortega and Ortiz indicated that one of the two men shot first at Mendez and then the other immediately shot at Ortega and Canas. 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. State v. Garcia, 114 N.M. 269, 275, 837 P.2d 862, 868 (1992). 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. 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. Defendant's case did not go to trial until November 9, 1998, leaving counsel nearly a year to challenge the indictment for this crime. Necessarily, there were other apartment buildings in the vicinity. 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. Christopher Raymond Trujillo, 1970 - 2007 Christopher Raymond Trujillo was born on month day 1970, at birth place, District of Columbia. 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. Christopher Trujillo. 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. 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 jury had testimony from two other eyewitnesses, Ortiz and Ortega, that support its findings of guilt. He was shooting, and these guys over here took the gun away from his hands and started shooting at me and Jesus. {41} Defendant next argues that his trial counsel failed to review jury questionnaires prior to jury selection. However, this conviction has been vacated, and Defendant has not demonstrated that had he timely challenged this indictment he would have been acquitted of his other convictions. Trujillo formerly served as founding director of the Office of Equity and Diversity at Northern New Mexico College since 2013, where she oversaw programming to address access and inclusion for historically underrepresented populations in higher education. [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). We therefore hold that the trial court did not abuse its discretion by admitting the tape and transcript into evidence under Rule 11-803(X). See State v. Nieto, 2000-NMSC-031, 25, 129 N.M. 688, 12 P.3d 442 (finding expert testimony on defendant's gang affiliation and specific rituals and procedures of that gang was admissible to show defendant's alleged motive). {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. He gave no testimony that shots were fired in any direction other than towards the four men standing at ground level. Nearly 24% of New Mexicans rely on SNAP, the highest rate in the . 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. If the acts of two or more persons contribute to cause death, each such act is a cause of death. {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. Defense counsel also argued that the issue about baldness and shortness and so forth could have been used to the defendant's advantage as to who was actually doing the shooting. However, in addition to arguing that portions of Canas' statement were exculpatory, defense counsel acknowledged that portions of his statement were inculpatory. {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 statement was thus specifically covered by [some] of the foregoing exceptions Rule 11-803(X). Learn more about FindLaws newsletters, including our terms of use and privacy policy. {70} I agree that Defendant properly invoked this Court's mandatory appellate jurisdiction, that he failed to preserve a Confrontation Clause claim, that he was improperly convicted of conspiracy to commit depraved mind murder, and that he was improperly convicted of multiple counts of conspiracy to commit shooting at a dwelling or occupied building. We hold that sufficient evidence exists to affirm Defendant's conviction of first-degree depraved-mind murder on either a principal or accessory liability theory. {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. {18} With respect to ambiguity, we conclude that there is no danger that the meaning intended by Ortiz will be misinterpreted because the taped statement was played to the jury and the jury had the opportunity to interpret Ortiz's statement themselves rather than rely on some other witness's interpretation. Pallbearers: Dominic Trujillo, Raymond Bustamante, Sebastian Bustamante, Matthew Dimas, Lawrence Trujillo, George Bustamante, Sara Anaya and Anthony Trujillo. Title: Microsoft Word - 2023-01-25 SJ County H2 Fact Sheet - FINAL.docx Author: Chris Created Date: 1/25/2023 9:37:23 AM . Also, proceeded him are brothers, Frank Sosa, Dan Henry Sosa and Ernest Sosa. On the stand Ortiz stated that he could not recall the particular details of the crime. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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). {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. Cheryl Trujillo's phone number is (505) 292 - 5391. He stated that Mendez answered, We could be anywhere we want, Juaritos, and immediately thereafter shots were fired down at them from the balcony. The little guy then yelled at the four below, You guys think I'm joking, before shooting. Verna Trujillo A in 2018 was employed in Northern New Mexico College and had a reported pay of $27,475 according to public records. Herrera stated that his findings were consistent with other physical evidence that tended to demonstrate that the shots were fired only downward. Caitlyn Trujillo lives in Brush, CO Below are the results we could find for Caitlyn Trujillo. 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. 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. I concur in parts II, III(A), IV, V, VI, VIII, IX and XI. 2. However, [e]vidence is material under Brady only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. State v. Baca, 115 N.M. 536, 541, 854 P.2d 363, 368 (Ct.App.1993) (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S.Ct. 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.) For further information contact Arvin Trujillo, CEO Four Corners Economic Development at (505) 5663702 or by email at atrujillo@4cornersed.com. Sisters, Alpha Quill and Robert Tixer . We review each of Defendant's allegations of ineffective assistance of counsel individually in addition to considering their cumulative effect. Elaine Trujillo is 69 years old today because Elaine's birthday is on 11/05/1953. 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. {82} The Court of Appeals has said of the essentially identical predecessor to Rule 11-803(X) that it cannot be read to mean that hearsay which almost, but not quite, fits another specific exception, may be admitted under the other exceptions' subsection State v. Barela, 97 N.M. 723, 726, 643 P.2d 287, 290 (Ct.App.1982). The majority admits Ortiz's out of court statements under Rule 11-803(X) NMRA 2002. On May 25, 2021 a funeral service will be held at 10am by Father George Salazar at Santa Rita Church in Bernal, NM. I publish daily videos playing Slots in casinos all over the country, showing millions of fans how to have a great time using an entertainment budget! 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. Show on Map . 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. . {29} Defendant may also have been convicted of first-degree depraved-mind murder as an accessory to the crime. 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. His contagious smile and outgoing personality will be greatly missed. {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. He earned his wings too soon on May 4, 2021.
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