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. {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). Defendant in this case was sentenced to thirty years of imprisonment, with the judge explicitly providing that he be eligible for good time credit. 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. Defendant's reliance on these cases is misplaced. 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. Trujillo found that something when he got. The only question for the jury was who was responsible for the bullets that struck and killed him. Lopez, 2000-NMSC-003, 9-21, 128 N.M. 410, 993 P.2d 727 (reviewing defendant's confrontation concerns after determining that the confrontation issue had been preserved at trial because defendant objected to his inability to cross examine or confront the witness). We review each of Defendant's allegations of ineffective assistance of counsel individually in addition to considering their cumulative effect. This Constitutional provision is buttressed by Rule 12-102(A)(1) and NMSA 1978, 34-5-8(A)(3) (1983) which reiterate this limitation to our jurisdiction. 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. . Similarly, the danger that Ortiz might have a faulty memory is not present here, because Ortiz gave his statement just hours after the shooting. Furthermore, even if Ortiz had believed that his cousin would be less culpable had he not fired the fatal shots, one could also speculate that he would have believed his cousin to be even less culpable had he not fired any shots. {52} When an issue has not been properly preserved by a timely objection at trial, we have discretion to review the claim on appeal for fundamental error. 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. And I've instructed the State that that did not open the door and I don't want that pursued, but that's as far as I'm going to go. The practitioner's primary taxonomy code is 183500000X with license number RP00007033 (NM). 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. 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. Nevertheless, the State put forth no evidence from which the jury could infer that any of the shots from any shooter were directed at or hit any building, nor did it cite to any in its briefing to this Court. Although this description might help the police find the alleged perpetrators, I do not believe we ought to characterize it as a statement of identification under Rule 11-801(D)(1)(c), because in it Ortiz did not match any current suspect to the people he witnessed at the crime scene. Which memorial do you think is a duplicate of Chris Trujillo (104119474)? {87} I would reverse the trial court's determination that Ortiz's hearsay statement was admissible and reverse Defendant's convictions. 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. He is not prepared to proceed today, Your Honor. This comment was apparently made by the prosecutor in response to defense counsel's request for a one-day continuance. The defendant helped, encouraged or caused the crime to be committed. Request Quote . 2052) (internal citation omitted). Trujillo v. Sullivan, 815 F.2d 597, 613 (10th Cir.1987). Defendant has identified no prejudice resulting from any lack of preparedness, nor do we find any. Rule 11-803(X) allows hearsay statements to be admitted if not specifically covered by any other hearsay exception so long as there are equivalent circumstantial guarantees of trustworthiness and the court determines that: (1)the statement is offered as evidence of a material fact; (2)the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and. Email. Chris Trujillo, CxA Construction | Commissioning Specialist at QA Engineering LLC Albuquerque, New Mexico, United States 291 followers 294 connections Join to connect QA Engineering LLC. He earned his wings too soon on May 4, 2021. 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. Pallbearers: Dominic Trujillo, Raymond Bustamante, Sebastian Bustamante, Matthew Dimas, Lawrence Trujillo, George Bustamante, Sara Anaya and Anthony Trujillo. The agreement need not be verbal, but may be shown to exist by acts which demonstrate that the alleged co-conspirator knew of and participated in the scheme. {50} Defendant first argues that the prosecutor engaged in misconduct by failing to disclose material evidence to the defense. Furthermore, just because the prosecutor thought defense counsel to be ineffective does not make it so. We find that such evidence was inextricably part of the State's case. Chris TRUJILLO, Defendant-Appellant. View Christopher Trujillo's profile on LinkedIn, the world's largest professional community. Reputation Score: 0.83 - 1.98. When a defendant has been convicted of a capital felony, he shall be punished by life imprisonment or death. Section 31-18-14(A). It is true that the evidence tends to align itself with two different factual conclusions-that either Defendant or Allison shot and killed Mendez. As a result, the prosecutor played the tape of an interview between Ortiz and Detective Shawn conducted a few hours after Mendez was killed. 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 hardest part I think through all of it is he's shown no remorse. Chris Trujillo is a Program Analyst at Los Alamos National laboratory based in Espanola, New Mexico. It makes little sense to allow adults convicted of first-degree murder to appeal directly to this Court, but to force juveniles convicted of the same crime to first appeal to the Court of Appeals. {27} Defendant's reliance on Hernandez is misplaced. 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. As the Defendant himself concedes, [w]hen allowed to speak freely, Juan clearly testified that Charlie shot Javier and then Silly shot at him and Jesus. Rule 11-611(C) NMRA 2002 states: Leading questions should not be used on the direct examination of a witness except as may be necessary to develop the witness's testimony. In State v. Orona, 92 N.M. 450, 454, 589 P.2d 1041, 1045 (1979), the Court concluded that, under Rule 11-611(C), [d]eveloping testimony by the use of leading questions must be distinguished from substituting the words of the prosecutor for the testimony of the witness. The Court found that the trial court abused its discretion in such a manner as to violate principles of fundamental fairness after it permitted every word describing the alleged offense to come from the prosecuting attorney rather than from the witness. Main navigation. Q. Based on the evidence summarized below, we conclude the State met its evidentiary burden. And then who took the gun away from Charlie? State v. Allison, 2000-NMSC-027, 27-31, 129 N.M. 566, 11 P.3d 141. Regardless of who shot first, the evidence clearly supports an inference that Defendant helped, encouraged, caused, and intended that the shooting be committed. However, Ortiz apparently could not recall more specific details of the shooting, including who fired the gun. Check other contact information for Cheryl Trujillo. Mexico City. The email address cannot be subscribed. Defendant asserts that, as a result, the admissibility of this evidence should be reviewed de novo rather than for an abuse of discretion. See State v. Deaton, 74 N.M. 87, 90, 390 P.2d 966, 968 (1964). In New Mexico the doctrine of cumulative error is strictly applied. Stills, 1998-NMSC-009, 51, 125 N.M. 66, 957 P.2d 51 (quoting State v. Martin, 101 N.M. 595, 601, 686 P.2d 937, 943 (1984)). PAMELA B. MINZNER, Justice (concurring in part, dissenting in part). However, we conclude that these references to Canas' statement did not deprive Defendant of a fair trial. We do not find the trial court's decision to be arbitrary, capricious, or beyond reason. 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. 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. Also known as: christopher.trujillo.961 Taco Bell Brighton High School Christopher currently lives in Brighton, CO. Christopher works at Taco Bell. On the night of the shooting, Ortega identified Defendant as one of the shooters from a photo array shown to him by Detective Shawn. There was nothing in his statement that indicated that any of the shots had been fired at any building. we must avoid concentrating on the suppressed evidence in isolation. Memorial ID. (citations omitted). Copyright 2023, Thomson Reuters. {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. . Moreover, Defendant did not demonstrate that had his counsel moved for a continuance until Canas could be located, the motion would have been granted. {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. {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. None of those factors is present in this case. Chris Trujillo - Farm Bureau Financial Services - We make it simple to protect your family, home,. Add new skills with these courses We agree. Ortega testified that the shots were first directed at Mendez, and then at himself and Canas. Christopher John Trujillo was born on March 30, 1991. He was shooting, and these guys over here took the gun away from his hands and started shooting at me and Jesus. In view of my disposition of part III(B), I would not reach the ineffective assistance of counsel and cumulative error claims found in parts VII and X. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. ; see also State v. Lankford, 92 N.M. 1, 2, 582 P.2d 378, 379 (1978). I concur in parts II, III(A), IV, V, VI, VIII, IX and XI. Alejandro Trujillo was one of five men who were shot dead by soldiers in Nuevo Laredo, Mexican. BLOG; CATEGORIES. 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. 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. 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. On June 30, 2012, 19-year-old Cindy "Tig" Rivera left the home she shared with her father on Peggy Lee Lane in Las Vegas, New Mexico. We are not persuaded that Defendant was merely present during the shooting. As a result of this argument, shots were fired from the upstairs balcony at a downward angle, killing Mendez and wounding Canas. Unlike the testimony in Orona, the prosecutor in this case did not substitute his words for those of Ortega. Chris Trujillo is a provider established in Albuquerque, New Mexico and his medical specialization is Pharmacist. Christopher John Trujillo was born on March 30, 1991. art. Previously, Chris was a Park Manager at Broward County, Florida. Find 80 people named Chris Trujillo along with free Facebook, Instagram, Twitter, and TikTok search on PeekYou - true people search. {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. This narrow interpretation of the rule has been rejected by a majority of circuits, and we decline to adopt it in our jurisdiction. 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. We have thousands of pen pals in prison to select from. Shortly after the shots were fired, Ortiz ran after Mendez and found him lying face down in the alley. We find sufficient evidence to support Defendant's one conviction for conspiracy to commit aggravated battery and affirm this conviction. 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. (emphasis omitted). Finally, the general purposes of these rules and the interests of justice will best be served by the admission of Ortiz's taped statement into evidence, as the circumstances surrounding the statement indicate trustworthiness equivalent to evidence admitted under the other hearsay exceptions. Further, despite a brief reference to that rule, the trial court may not have admitted the statement on that basis. In fourteen pages of transcript discussion, the trial court only once mentions Rule 11-803(X) and it certainly cannot be said to be the thrust of the State's argument. 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. Refine Your Search Results All Filters 1 Christopher A Trujillo, 50 Resides in Albuquerque, NM Lived In Rio Rancho NM, Ponderosa NM Exercising this discretion, the trial court sentenced Defendant to a term of THIRTY (30) YEARS, BUT NOT LIFE for his first-degree murder conviction. The State initially proffered the out of court statements under Rule 11-803(E) NMRA 2002. 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. Please try again. {62} Conspiracy is a specific intent crime. 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. Public Records & Background Search Christopher David Trujillo, age 60, Denver, CO Background Check Entering his junior year, the Auburn commit has a career on-base percentage of .512 in more than 50 games at the varsity level. {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. 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. She assumed office in 2013. 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. Trujillo ( Democratic Party) ran for re-election to the New Mexico House of Representatives to represent District 25. In order to find the Defendant guilty, the State had to prove beyond a reasonable doubt that Defendant willfully shot a firearm at a dwelling or an occupied building. 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. {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. Attended New Mexico State University in Las Cruces, New Mexico, USA in (1998-2000). Contact Number . Id. Trujillo, Casey Id. 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. Q. 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. While the prosecutor cannot hide information behind other arms of the State, see Kyles v. Whitley, 514 U.S. 419, 437, 115 S.Ct. Cheryl Trujillo's phone number is (505) 292 - 5391. El Prado, NM. 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. Experience . Her desire to . Christopher Raymond Trujillo, 1970 - 2007 Christopher Raymond Trujillo was born on month day 1970, at birth place, District of Columbia. Burial and reception will follow at 430 County Rd. He Then left school to pursue his dream in the Arts. Certainly counsel's failure to challenge this indictment prejudiced Defendant as to his conviction for this crime. {72} I would, however, remand for a new trial because I believe for the following reasons that the admission of the tape and transcript of Joseph Ortiz's interview with the police was reversible error.
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