View Christopher Trujillo's profile on LinkedIn, the world's largest professional community. 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. 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. Q. 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). STATE of New Mexico, Plaintiff-Appellee, v. Chris TRUJILLO, Defendant-Appellant. Our mandatory appellate jurisdiction is constitutional and is limited to [a]ppeals from a judgment of the district court imposing a sentence of death or life imprisonment. N.M. Const. {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). 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.) Dissent 75-78. This case raises the unique jurisdictional issue of whether a serious youthful offender convicted of first-degree murder is allowed to invoke our mandatory appellate jurisdiction even though he is sentenced to less than life imprisonment due to the discretion afforded district court judges when sentencing serious youthful offenders convicted of a capital felony. 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. 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. You can view 1 entry, complete with personal details, location history, phone numbers, relatives and locations for Caitlyn Trujillo. None appears to support the use of Ortiz's interview with the police. 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. Show on Map . 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. {41} Defendant next argues that his trial counsel failed to review jury questionnaires prior to jury selection. 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. Because we have vacated all convictions for which we found error, and there is otherwise no error to accumulate, we conclude that the defendant received a fair trial and that the doctrine is not applicable in this case. 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. We find there was sufficient evidence to convict Defendant of first-degree depraved-mind murder on either of these theories. During the prosecution's direct examination of Detective Shawn, the prosecutor elicited testimony that indicated he had interviewed three eyewitnesses to the shooting: Ortega, Ortiz, and Canas. In contrast to his earlier jazz and funk inspired playing, Osbourne's band was more straightforward to hard rock and metal. Select the best result to find their address, phone number, relatives, and public records. It is evident from the record that the trial judge recognized that the defense attorney had not completed his interviews at that point and made some arrangement for him to complete them prior to opening statements. Add new skills with these courses Defendant's case did not go to trial until November 9, 1998, leaving counsel nearly a year to challenge the indictment for this crime. However, as Defendant did not raise this issue below, it was not properly preserved for appellate review. Christopher Trujillo . {19} The dissent concludes that with respect to the second danger, lack of candor, Ortiz did in fact have a motive to lie and therefore his statement lacked circumstantial guarantees and was inherently untrustworthy. Dissent 74. 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. The appellate court has a duty to determine whether any rational jury could have found each element of the crime to be established beyond a reasonable doubt. State v. Garcia, 114 N.M. 269, 274, 837 P.2d 862, 867 (1992). {14} At trial, the State called Ortiz as an eyewitness to testify regarding the details of the shooting. We conclude, however, that the alleged instances of prosecutorial misconduct in this case do not rise to the level of reversible or fundamental error regardless of whether they are considered individually or cumulatively. 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. Free, trusted legal information for consumers and legal professionals, Directory of U.S. attorneys with the exclusive Super Lawyers rating, The #1 Spanish-language legal website for consumers, Nationwide attorney directory and legal consumer resources. 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. UJI 14-2822 NMRA 2002. Christopher Raymond Trujillo, 1970 - 2007 Christopher Raymond Trujillo was born on month day 1970, at birth place, District of Columbia. 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. This narrow interpretation of the rule has been rejected by a majority of circuits, and we decline to adopt it in our jurisdiction. {85} Finally, Rule 11-801(D)(1)(c) (statements of identification) would not allow the statements to come in because Ortiz's interview did not identify either of the two shooters but instead described the shooting. See Garcia, 114 N.M. at 274, 837 P.2d at 867. {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. {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. Christopher passed away on month day 2001, at age 35 at death place, New Mexico. Prosecutorial misconduct rises to the level of fundamental error when it is so egregious and had such a persuasive and prejudicial effect on the jury's verdict that the defendant was deprived of a fair trial. We review each of Defendant's allegations of ineffective assistance of counsel individually in addition to considering their cumulative effect. She told him that she was going to be back in a few. {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. Hours & Location. And I think that notice requirement is a somewhat flexible requirement. The trial court never expressly decided whether the notice requirement is flexible enough to allow use of the rule absent notice. {50} Defendant first argues that the prosecutor engaged in misconduct by failing to disclose material evidence to the defense. 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. {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. As discussed above, the State also introduced evidence that Detective Shawn interviewed Ortiz the night of the shooting, although Ortiz was reluctant to testify about the details of the shooting or his prior statement at trial. Now, who was Charlie shooting at, if you know? Q. Alejandro Trujillo was one of five men who were shot dead by soldiers in Nuevo Laredo, Mexican. Albuquerque, NM. While counsel admitted at the November 9, 1998 hearing that he had not picked up those questionnaires, he specifically referred to them during voir dire, indicating that he had reviewed them. The defendant helped, encouraged or caused the crime to be committed. 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. Trujillo, Casey 1655 La Fonda Dr Las Cruces, NM 88001-3904 Directions. This Court has recognized four primary dangers of hearsay which can potentially make a hearsay statement unreliable. There is no question that Mendez's death was caused by a depraved-mind act, the hail of bullets from the balcony. He also testified that he was unaware at the time of the interview that Ortiz and Allison were cousins. "Watching your passion for students and your support of one another has been a privilege and an honor," wrote Trujillo, in this open letter to . Verna Trujillo A Overview. Thus, even assuming a reasonably competent attorney would have timely objected, Defendant has not demonstrated 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. 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. She was a beloved daughter, wife, mother, grandmother, great-grandmother, and a friend to many. We find no evidence to suggest that defense counsel purposely elicited the Detective's answer, or could have known it was coming. 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. {75} It is true that Ortiz's statement did implicate his own cousin, and one could reason that Ortiz would not implicate a family member with a statement unless he believed it to be true. Necessarily, there were other apartment buildings in the vicinity. 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. 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. Family and friends must say goodbye to their beloved Christopher Patrick Trujillo (Ranchos de Taos, New Mexico), who passed away at the age of 37, on August 14, 2017. Refine Your Search Results All Filters 1 Christopher A Trujillo, 50 Resides in Albuquerque, NM Lived In Rio Rancho NM, Ponderosa NM B26A. Arrangements made through Riverside Funeral Home of Santa Fe. 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. 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. 250 Harvard Rd, San Mateo, CA. NORFOLK, Va. - The Old Dominion baseball team finished off a three-game sweep of the Fordham Rams on Sunday with a doubleheader win taking game one 11-3 and game two 19-1 on Sunday afternoon at the Bud Metheny Ballpark. Watch me LIVE every Wednesday & Thursday . Chris received a Bachelor of Arts degree from New Mexico Highlands University. See Sutphin, 107 N.M. at 131, 753 P.2d at 1319. When a defendant has been convicted of a capital felony, he shall be punished by life imprisonment or death. Section 31-18-14(A). Click a location below to find Christopher more easily. 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. There, after the witness stated that she could not recall exactly what happened, the prosecutor, over instruction from the court, lead the witness with the only evidence adduced at trial which would support the charge of criminal sexual penetration in the first-degree. (emphasis omitted). 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). Why WriteAPrisoner? {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). Majority Opinion, 4. Learn more about merges. The State initially proffered the out of court statements under Rule 11-803(E) NMRA 2002. {54} Defendant next argues that the prosecutor improperly elicited damaging hearsay testimony on the issue of identification. 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. 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. {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. {58} Ortiz's former, or current, membership in the Barelas gang was important for two reasons. Evidence that may first appear to be quite compelling when considered alone can lose its potency when weighed and measured with all the other evidence, both inculpatory and exculpatory. santa maria times obituaries death notices,
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