The jury had testimony from two other eyewitnesses, Ortiz and Ortega, that support its findings of guilt. 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. {50} Defendant first argues that the prosecutor engaged in misconduct by failing to disclose material evidence to the defense. A statement not specifically covered by any of the foregoing exceptions but having equivalent circumstantial guarantees of trustworthiness, [is not included in the hearsay rule] if the court determines that: (3)the general purposes of these rules and the interests of justice will best be served by admission of the statement into evidence. 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. 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. Click a location below to find Christopher more easily. art. He took pride in everything he did and everything he did was for his sons. B26A. Lucky was born in Pojoaque, New Mexico on August 12, 1943 to Luis Trujillo and Andalecia Archibeque. See id. There was nothing in his statement that indicated that any of the shots had been fired at any building. Further, despite a brief reference to that rule, the trial court may not have admitted the statement on that basis. . View Verna T. Background Search . {80} We have said-and as a general matter I agree-that we should defer to the discretion of the trial judge on evidentiary matters. Defendant argues that the only evidence presented at trial suggesting that he was the one who shot directly at Mendez was improperly before the court and that no evidence supports the finding that Defendant intended that Allison shoot Mendez or that he encouraged him to shoot. Christopher Trujillo in New Mexico We found 66 records for Christopher Trujillo in Roswell, Albuquerque and 18 other cities in New Mexico. Invalid memorial . 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. 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. Description: CRIMINAL SEXUAL CONTACT 4TH DEGREE (D-202-CR-2012-03796) Arrest facts in New Mexico. 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. (3)the general purposes of these rules and the interests of justice will best be served by admission of the statement into evidence. Defendant's argument on this point is two-fold: (1) the trial court's admission of the evidence violated Defendant's constitutional right to confront the witnesses against him; and (2) the trial court erred in ruling that the evidence was admissible. He accomplished a lot during his 30yrs of life and left a mark on all of our hearts. Certainly counsel's failure to challenge this indictment prejudiced Defendant as to his conviction for this crime. 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 Defense counsel did not timely object to this line of questioning. 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)). Either out of fear of gang retaliation or out of familial loyalty to Allison, Ortiz had every motive to be less than candid with the police. (1)Ambiguity-the danger that the meaning intended by the declarant will be misinterpreted by the witness and hence the jury; (2) Lack of candor-the danger the declarant will consciously lie; (3) Faulty memory-the danger that the declarant simply forgets key material; and (4) Misperception-the danger that the declarant misjudged, misinterpreted, or misunderstood what he saw. 2052. {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. He stated that he was beaten up by other gang members when he was ranked out because he was no longer hanging out with them. View Christopher Trujillo's profile on LinkedIn, the world's largest professional community. Defendant also does not dispute that he knew this act was greatly dangerous to the lives of others. It cannot be invoked when the record as a whole demonstrates that the defendant received a fair trial. Id. Q. {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. {54} Defendant next argues that the prosecutor improperly elicited damaging hearsay testimony on the issue of identification. Q. Attended New Mexico State University in Las Cruces, New Mexico, USA in (1998-2000). According to Ortiz, Defendant shot at Mendez first and then let Allison shoot Canas and Ortega. Contact Number . As a result, the prosecutor played the tape of an interview between Ortiz and Detective Shawn conducted a few hours after Mendez was killed. Second, the statement was more probative of the identity of the shooters than any other evidence the State could procure through reasonable efforts-in Ortiz's taped statement he indicated that there was a big guy wearing black jeans and a black t-shirt, presumably Allison, and a little guy wearing light blue jeans and a striped shirt, presumably Defendant, on the balcony and that the little guy did the shooting. As a result, we do not address Defendant's confrontation concerns on appeal. at 499, 873 P.2d at 245. Chris Trujillo was born and raised in Socorro, NM where his Mother and Father were very active members of the San Miguel Church and his Father, Mike A. Trujillo, was a Judge for 23 years up until his passing. US States (36975K) . 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. 2023 March February January 2022 December November October September August . It also provides a plausible explanation for a less than candid statement to the police about that quarrel. Prison pen pals seeking friendship. 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). Chris Trujillo has been working as a Program Analyst at Los Alamos National laboratory for . She was a beloved daughter, wife, mother, grandmother, great-grandmother, and a friend to many. See State v. Deaton, 74 N.M. 87, 90, 390 P.2d 966, 968 (1964). I respectfully dissent from part III(B). 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. 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.). 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. Detective J.D. Please try again. 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 vacate Defendant's conviction and accompanying nine-year concurrent prison sentence for this crime. Ortega testified that Allison shot at Mendez first and then Defendant took the gun from Allison and shot at the other two. 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. On the stand Ortiz stated that he could not recall the particular details of the crime. This pay is 25 percent lower than average and 12 percent lower than median salary in Northern New Mexico . The email address cannot be subscribed. Experience . 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. Questions Post Question He was buried on month day 2001, at burial place. {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. 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. Id. Defendant argues there is insufficient evidence to establish elements one and three beyond a reasonable doubt-that Defendant intended for Allison to shoot and kill Mendez and that Defendant helped or encouraged him to do it. See Sutphin, 107 N.M. at 131, 753 P.2d at 1319. Verna Trujillo A. {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. According to our new study, State of Contact Center Conversation Intelligence 2022, 48% . She told him that she was going to be back in a few. He gave no testimony that shots were fired in any direction other than towards the four men standing at ground level. {26} Defendant does not dispute that the act of shooting from the second floor balcony into a group of people was an act greatly dangerous to the lives of others. {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. 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. Ortega testified that the shots were first directed at Mendez, and then at himself and Canas. Domestic space is described as a place of safety, security, and . Defendant asserts that, as a result, the admissibility of this evidence should be reviewed de novo rather than for an abuse of discretion. {57} Defendant also asserts that the prosecutor repeatedly asked Ortiz inflammatory and irrelevant questions about his experiences as a gang member and his fear of retaliation, serving to arouse the jurors' prejudices and make Defendant look guilty by association. 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. She assumed office in 2013. 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. Stevens said any time SNAP benefits increased since the pandemic began in 2020, the number of requests for care packages went down. We have thousands of pen pals in prison to select from. 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. Ortega again identified Defendant at trial as the second shooter. Refine Your Search Results All Filters 1 Christopher A Trujillo, 50 Resides in Albuquerque, NM Lived In Rio Rancho NM, Ponderosa NM 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. Brandon Trujillo - New Mexico. 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. Chris received a Bachelor of Arts degree from New Mexico Highlands University. Defendant in this case was sentenced to thirty years of imprisonment, with the judge explicitly providing that he be eligible for good time credit. Also, proceeded him are brothers, Frank Sosa, Dan Henry Sosa and Ernest Sosa. In our analysis. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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.) 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. {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. 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. 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. 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. He was born and raised in Bernal, N.M., to Ted Trujillo and LuAnna Bustamante. It seems clear from the record that defense counsel did interview Ortega, as indicated by the trial judge's statement: In reference to the interview, that I'm not so much concerned about because that was conducted out of the presence of the jury and the interview, at least with Mr. Ortega, happened. We find nothing in the record to indicate that defense counsel did not avail himself of this opportunity. Even assuming competent counsel would not have performed in such a manner, we do not find the necessary prejudice. Followed by a rosary at 7pm at Santa Rita Church in Bernal, NM. {62} Conspiracy is a specific intent crime. Despite Defendant's objections, the court admitted the evidence pursuant to Rules 11-803(E), 11-803(X), 11-804(A)(3), and 11-612 NMRA 2002. Chris Trujillo Lead IT Specialist at NNMC Santa Fe County, New Mexico, United States 73 followers 70 connections Join to view profile Northern New Mexico College Northern New Mexico. Read More . While the prosecutor cannot hide information behind other arms of the State, see Kyles v. Whitley, 514 U.S. 419, 437, 115 S.Ct. (emphasis omitted). Ward v. Romero, 17 N.M. 88, 100, 125 P. 617, 621 (1912)). 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. Accordingly, we conclude that a thirty year sentence with the opportunity for good time was authorized by statute and not constitutionally disproportionate to the crimes involved. On the other hand, both facts also argue that the statement he gave was less than candid. View Chris Trujillo results in New Mexico (NM) including current phone number, address, relatives, background check report, and property record with Whitepages. Looking for Chris Trujillo in Albuquerque, New Mexico? Email. Get contact info, address & run background checks for Elaine Trujillo. Email. {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. Exercising this discretion, the trial court sentenced Defendant to a term of THIRTY (30) YEARS, BUT NOT LIFE for his first-degree murder conviction. {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. 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! [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). His contagious smile and outgoing personality will be greatly missed. She was born to Santiago Miranda and Magdalena Sanchez on February 25, 1928, in Albuquerque, New Mexico. State v. Ross, 1996-NMSC-031, 122 N.M. 15, 20, 919 P.2d 1080, 1085. Faced with the possibility of gang retaliation, Ortiz might have felt pressure to give an incomplete or inaccurate description of the events. I think you are stuck with the strategy there. 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. On November 13, 1997, this Court filed its opinion in Baca, 1997-NMSC-059, 51, 124 N.M. 333, 950 P.2d 776, holding that conspiracy to commit depraved-mind murder is not a cognizable crime in New Mexico. Northern New Mexico College. 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. 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. 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. 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). art. Find 80 people named Chris Trujillo along with free Facebook, Instagram, Twitter, and TikTok search on PeekYou - true people search. . This is where Chris became interested in law enforcement. See Baca, 1997-NMSC-059, 51, 124 N.M. 333, 950 P.2d 776 (holding that a conviction for conspiracy to commit first-degree depraved-mind murder could not stand under current case law because conspiracy requires both intent to agree and intent to commit the offense which is the object of the conspiracy and depraved-mind murder is an unintentional killing resulting from highly reckless behavior); cf. 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. Public Records & Background Search Christopher David Trujillo, age 60, Denver, CO Background Check Did he fire all the shots? From the onset of New Mexico jurisprudence, first-degree murder convictions have been appealed directly to this Court, and even after the creation of the Court of Appeals, this Court retained this crucial area of jurisdiction. {37} Defendant claims that he received ineffective assistance of counsel at every stage of the trial proceedings. WE CONCUR: PATRICIO M. SERNA, Chief Justice, and PETRA JIMENEZ MAES, Justice. Q. 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. This is where it happened, and that sounds like a consistent story and that comes from Canas and Iguado and Ortiz, you don't discount that and throw that out and try and derive the story if you're Detective Shawn . At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. The practitioner's primary taxonomy code is 183500000X with license number RP00007033 (NM). 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). Liked by Christopher Trujillo Kevin Mitnick is known as the world's most famous hacker, and Riverbed's Vincent Berk is a highly experienced cybersecurity expert. 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. 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. Mexico City. {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. However, we conclude that these references to Canas' statement did not deprive Defendant of a fair trial. Dissent 75-78. Trujillo v. Sullivan, 815 F.2d 597, 613 (10th Cir.1987). 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. {21} Under these circumstances, we find that the taped statement and transcript were reliable and important for the jury to consider, as it went to the identity of the shooters. Chris, you will be greatly missed by all of us.All American Towing will live on, your sons will carry the chains from here so fly high with the Angels until we meet again! Counsel's failure to ask Ortega about this alleged inconsistent identification could have been a rational trial strategy. Has a Death Occurred? 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. 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. The dissent agrees that as a general matter we should defer to the discretion of the trial judge on evidentiary matters, but argues that [s]uch deference has less force in this case, where it is less than clear from the record that the trial court relied upon Rule 11-803(X) in its ruling. Dissent 80. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Thus, I concur in parts II, III(A), V, and VI. I'm a Content Strategist focused on Information Architecture and Digital Distribution Design. 250 Harvard Rd, San Mateo, CA. At that point the trial court allowed the witness to be led, and the direct examination continued with the prosecutor graphically describing sexual acts of defendant by way of leading questions, to each of which the witness gave a simple answer of yes. Id. 1 was here. Such deference, however, has less force in this case, where it is less than clear from the record that the trial court relied upon Rule 11-803(X) in its ruling. 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. Leave a sympathy message to the family in the guestbook on this memorial page of . 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. Rather, we must place it in the context of the entire record. 11 (quoting State v. Ross, 1996-NMSC-031, 122 N.M. 15, 22, 919 P.2d 1080, 1087) (internal quotation marks omitted). Thus, jurisdiction in this case is proper and we review Defendant's appeal on the merits. Chris Rembert, jr., Pensacola Catholic (Florida) Rembert was one of the top second basemen in the Sunshine State as a sophomore, recording a .410 batting average with 32 hits, 22 RBIs and five home runs. 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. Click a location below to find Christopher more easily. {45} Defendant also argues that defense counsel failed to object to prejudicial hearsay statements and elicited highly prejudicial evidence against his own client. The second reference came in the middle of his argument about the consistent statements of Ortega and Ortiz: You'd expect two completely different stories if we believe this theory that everyone in gangs lies. Q. Defendant invoked this Court's mandatory appellate jurisdiction based on his first-degree murder conviction and because he was sentenced to thirty years in prison. {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). 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?