Midland Crime Stoppers, Simeon High School Basketball Roster 1984, Articles C

Check other contact information for Cheryl Trujillo. 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. {40} Defendant first argues that even the State in this case acknowledged from the outset that his counsel was ineffective, stating: What you have here is ineffectiveness of counsel crusading as someone who wants to disqualify me from participation in this case. [6] Trujillo co-wrote several songs on the Down to Earth album. See State v. Lopez, 2000-NMSC-003, 10, 128 N.M. 410, 993 P.2d 727. 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). Are you getting ready to buy a new car? Verna Trujillo A Overview. Counsel's failure to ask Ortega about this alleged inconsistent identification could have been a rational trial strategy. About. And then Silly over here took the gun? See Sutphin, 107 N.M. at 131, 753 P.2d at 1319. However, the following excerpt preceded both of those identified by Defendant and clearly demonstrates that Ortega identified the Defendant as the second shooter without improper testimony from the prosecutor: Q. LUTCF, Registered Representative. Trujillo Family Funeral Home LLC in Albuquerque, NM | Company Info Company Information Sponsored Links Company Contacts CHRISTOPHER TRUJILLO Member JOHN LOPEZ Member WILLIAM FERGUSON Manager WILLIAM FERGUSON Member WILLIAM FERGUSON Organizer Reviews Write Review There are no reviews yet for this company. 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. Click a location below to find Christopher more easily. {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. Necessarily, there were other apartment buildings in the vicinity. 1194, 10 L.Ed.2d 215 (1963). Certainly counsel's failure to challenge this indictment prejudiced Defendant as to his conviction for this crime. {44} We next consider Defendant's argument that defense counsel was ineffective in failing to interview, secure the presence of, or secure a continuance until such time as Canas could be located. "I thought it was Sam Armstrong's best outing since he's been at ODU with 12 strikeouts no walks and six strong innings. He Then left school to pursue his dream in the Arts. The State also offered the hearsay under a number of other rules: Rule 11-613(B) (extrinsic proof of prior inconsistent statements), Rule 11-801(D)(1)(c) (statements of identification), Rule 11-804(A)(3) (one of the definitions of unavailable) and Rule 11-803(X). Copyright 2023, Thomson Reuters. Dissent 79. The practitioner's primary taxonomy code is 183500000X with license number RP00007033 (NM). 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. 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. 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. No. However, by bringing this evidence in through Detective Shawn, Defendant was able to argue that the police did an inadequate investigation, potentially leaving the jury with reasonable doubt as to the identification of the shooters. at 691, 104 S.Ct. We are not persuaded that Defendant was merely present during the shooting. 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. 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. Chris Trujillo - Architect - tru. Architect | LinkedIn {22} Defendant next argues that insufficient evidence supports his conviction for first-degree depraved-mind murder on either a principal or accessory liability theory. 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. 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. 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. "I called him right after the vote that we legalized cannabis in New Mexico," Trujillo told the Santa Fe New Mexican about the March 31 conversation with her son, who is now in his second. Also brother Lawrence Trujillo and wife Leanne of Albuquerque, NM, and numerous aunts, uncles, cousins and friends. 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.) 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. See Baca, 1997-NMSC-059, 24, 124 N.M. 333, 950 P.2d 776. {58} Ortiz's former, or current, membership in the Barelas gang was important for two reasons. As noted above, Mendez then responded, we can go anywhere we want, Juaritos. We find that the passing of the gun between Allison and Defendant and the evidence of a verbal conflict between the competing gang members immediately preceding the shooting is sufficient evidence for a rational jury to find beyond a reasonable doubt that either by words or acts there was an agreement to shoot at the men located below the balcony with a deadly weapon. 2022 Page 3 at 560, 874 P.2d at 21 (quoting State v. Taylor, 103 N.M. 189, 197, 704 P.2d 443, 451 (Ct.App.1985)). 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. She was born to Santiago Miranda and Magdalena Sanchez on February 25, 1928, in Albuquerque, New Mexico. Pallbearers: Dominic Trujillo, Raymond Bustamante, Sebastian Bustamante, Matthew Dimas, Lawrence Trujillo, George Bustamante, Sara Anaya and Anthony Trujillo. 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. El Prado, NM. However, the court then released the two men, unsure of its authority to keep holding them in detention. As summarized above, there was sufficient evidence to convict Defendant of first-degree depraved-mind murder as either a principal or accessory and conspiracy to commit aggravated battery. Christopher Trujillo in New Mexico 283 people named Christopher Trujillo found in Albuquerque, Santa Fe and 6 other cities. VI, 2. As a preliminary matter, we must first consider the question of whether Defendant preserved the confrontation issue for appellate review. Id. {81} In response to these arguments, the trial court initially indicated that the statement was admissible as a combination of Rule 11-801(D)(1)(c) and 11-803(E). 2023 March February January 2022 December November October September August . Elaine Trujillo (E), 69 Public Records - El Prado New Mexico Defendant argues that Javier, presumably, had long since turned and run, and in all likelihood had already been hit by the fatal bullet when Defendant began shooting. Brandon Trujillo - New Mexico. We review each of Defendant's allegations of ineffective assistance of counsel individually in addition to considering their cumulative effect. Chris TRUJILLO, Defendant-Appellant. Court & Arrest Records State v. Torres, 1998-NMSC-052, 18, 126 N.M. 477, 971 P.2d 1267 (agreeing that, in the analogous context of statements against penal interest, the subjective beliefs of the declarant about legal culpability are relevant to determining the admissibility of the hearsay). As a result, the prosecutor played the tape of an interview between Ortiz and Detective Shawn conducted a few hours after Mendez was killed. 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. Christopher Trujillo Facebook, Instagram & Twitter on PeekYou 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. Gwyneth Paltrow and Chris Martin continue to prove exes can be friends However, we conclude that these references to Canas' statement did not deprive Defendant of a fair trial. Accordingly, we respectfully disagree with the dissent's reasoning on this point. However, a statement may not be admitted under this exception unless the proponent of it makes known to the adverse party sufficiently in advance of the trial or hearing to provide the adverse party with a fair opportunity to prepare to meet it, the proponent's intention to offer the statement and the particulars of it, including the name and address of the declarant. For further information contact Arvin Trujillo, CEO Four Corners Economic Development at (505) 5663702 or by email at atrujillo@4cornersed.com. Looking for Chris Trujillo in Albuquerque, New Mexico? Carolina T. - Asia School of Business - Ciudad de Mxico, Mxico | LinkedIn Because we consider improperly admitted evidence when evaluating the sufficiency of the evidence on appeal, State v. Post, 109 N.M. 177, 181, 783 P.2d 487, 491 (Ct.App.1989), I agree that there is sufficient evidence supporting the conviction of depraved mind murder as a principal or as an accessory. 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. 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. Christopher Trujillo in New Mexico We found 66 records for Christopher Trujillo in Roswell, Albuquerque and 18 other cities in New Mexico. 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. {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. Colfax County, New Mexico, USA will be saved to your photo volunteer list. {33} Defendant was charged and convicted of conspiracy to commit a first-degree depraved-mind murder. 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. 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. 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 do not find the trial court's decision to be arbitrary, capricious, or beyond reason. Similarly, the danger that Ortiz might have a faulty memory is not present here, because Ortiz gave his statement just hours after the shooting. We do not address this argument since we have reversed Defendant's convictions as to all charges relating to shooting at a dwelling or occupied building. Chris Trujillo is a Program Analyst at Los Alamos National laboratory based in Espanola, New Mexico. c***@lanl.gov. 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. When the person in the best position to judge a witness's candor feels that the witness was being less than truthful, I am uncomfortable holding that the witness's statement bears circumstantial guarantees of trustworthiness. 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. It also provides a plausible explanation for a less than candid statement to the police about that quarrel. He took pride in everything he did and everything he did was for his sons. Christine Trujillo ( Democratic Party) is a member of the New Mexico House of Representatives, representing District 25. {3} On July 3, 1997, Defendant and Charlie Allison were outside on a second-floor apartment balcony in the Barelas neighborhood of Albuquerque when they became involved in an argument with four men located at ground level: Joseph Ortiz, Juan Ortega, Jesus Canas, and Javier Mendez. Ashley Lynae Trujillo Home US States New Mexico Bernalillo County, NM Brandon Trujillo. Furthermore, Detective Shawn also testified that he believed Ortiz's statement was truthful because it was consistent with other witnesses' testimony and the physical evidence found at the scene. This Court's mandatory appellate jurisdiction is not based on a prison sentence to a term of years, nor is it based on a first-degree murder conviction. 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. 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. Because none of the other rules upon which the State relied appear to be applicable, I would reverse the convictions of depraved mind murder, aggravated assault, and conspiracy to commit aggravated battery, and remand for a new trial on these counts. {42} Defendant also claims that his attorney failed to complete his interview with Ortega. Has a Death Occurred? Furthermore, just because the prosecutor thought defense counsel to be ineffective does not make it so. 20 plus years experiencce in design and project management of architectural projects, including residential, retail, hospitality, healthcare, entertainment and places of worship. But what Detective Shawn found was consistent. 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. {5} Ortega testified that someone on the balcony asked the four men what they were doing in the Barelas neighborhood and that Mendez responded, We could be anywhere we want, Juaritos. Immediately thereafter shots were fired down at them from the balcony. In other words, if a statement is inadmissible under a prior hearsay exception, the statement may nonetheless be considered for admission under the catch-all exception. United States v. Earles, 113 F.3d 796, 800 (8th Cir.1997). 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. {48} We next address Defendant's argument that the prosecutor engaged in prosecutorial misconduct that deprived him of a fair trial. Rule 11-804(A)(3) is simply the definition of unavailable that would apply to Ortiz and is not a ground for the admission of the statement. According to Ortiz, even though the bigger guy asked for the gun, the little guy did not want to give it to him, telling the four down below, You guys think I'm joking, before he began shooting. Christopher Trujillo Obituary (1991 - 2021) - Santa Fe, NM - Las Vegas This comment must be considered in the context in which it was made; it occurred during a heated exchange between the defense attorney and the prosecutor, in which defense counsel informed the court that the prosecutor had committed an assault and battery on him by removing his eyeglasses from his face during a witness interview. We find there was sufficient evidence to convict Defendant of first-degree depraved-mind murder on either of these theories. {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. This Court has recognized four primary dangers of hearsay which can potentially make a hearsay statement unreliable. We have thousands of pen pals in prison to select from. Reputation Score: 0.83 - 1.98. Chris Trujillo - Prog.. - Los Alamos National laboratory | ZoomInfo {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. Christopher Trujillo in New Mexico 283 people named Christopher Trujillo found in Albuquerque, Santa Fe and 6 other cities. 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). Accordingly, we vacate Defendant's conviction and accompanying nine-year concurrent prison sentence for this crime. 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. 4. The essence of the dissent's argument on this point is that while one could reason that Ortiz would not have implicated a family member unless he believed it to be true, equally one could reason that he had a motive to shift the blame from his cousin to Defendant because of familial loyalty, fear of retaliation, and his presumed belief that his cousin would be less culpable. 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. Trujillo was a member of Ozzy Osbourne's band for a number of years starting in the late 1990s. Chris J Trujillo | Pharmacist | State of New Mexico | 2020 - OpenPayrolls 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. Top 20 high school second basemen entering the 2023 baseball season If counsel had questioned Ortega about this statement on the stand and he had denied making it, Defendant's theory of the case could have been weakened. . Get contact info, address & run background checks for Elaine Trujillo. By Jovita Trujillo -Los Angeles March 03, 2023 11:14 PM EST Michael Douglas is sharing insight into his activities on the golf course with his wife, Catherine Zeta-Jones. He was born and raised in Bernal, New Mexico to Ted Trujillo and LuAnna Bustamante. A. Cheryl Trujillo, (505) 292 - 5391, Albuquerque, NM | CocoFinder 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. we must avoid concentrating on the suppressed evidence in isolation. Write a prisoner today. Engage via Email. Attended New Mexico State University in Las Cruces, New Mexico, USA in (1998-2000). . The NPI number of Chris Trujillo is 1578830162 and was assigned on November 2011. {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. Chris Trujillo - Agent - New York Life Insurance | ZoomInfo 11 (quoting State v. Ross, 1996-NMSC-031, 122 N.M. 15, 22, 919 P.2d 1080, 1087) (internal quotation marks omitted). We conclude that a rational jury could find, from this testimony, that beyond a reasonable doubt Defendant's act of shooting into the crowd caused Mendez's death. See UJI 14-203 NMRA 2002. The trial court's determination of these questions will not be disturbed unless its ruling is arbitrary, capricious, or beyond reason. Id. Los Trujillo, NM Map & Directions - MapQuest Please try again. Defendant properly preserved this issue by a timely objection at trial. I conclude that Rule 11-803(X) does not provide a basis for admitting the statement. See State v. Salgado, 1999-NMSC-008, 5-11, 126 N.M. 691, 974 P.2d 661; see also State v. Beachum, 83 N.M. 526, 527, 494 P.2d 188, 189 (Ct.App.1972) (A decision of the trial court will be upheld if it is right for any reason.). Why WriteAPrisoner? The State also presented evidence that there was a verbal exchange between Allison, Defendant and Mendez and that some gang identification prompted the shooting. 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). We find sufficient evidence to support Defendant's one conviction for conspiracy to commit aggravated battery and affirm this conviction. Cf. Chris Trujillo, CxA - Construction | Commissioning Specialist - QA The court must then determine whether, in light of all the circumstances, the identified acts or omissions were outside the wide range of professionally competent assistance. Strickland v. Washington, 466 U.S. 668, 690, 104 S.Ct. The statement was thus specifically covered by [some] of the foregoing exceptions Rule 11-803(X). . Any danger inherent in a true identification of a gang member, however, would also seem to argue against the candor of such a statement, especially to the police. Count Every Mystery: Disappearance of Cindy "Tig" Rivera - Blogger Christopher passed away on month day 2001, at age 35 at death place, New Mexico. He was raised with his fourteen siblings in what was always an entertaining and loving environment. 2. He Was Born to Cathy Trujiilo and Anthony Suazo, Raised by his Grandparents in the small town Taos, New Mexico, USA. {31} Ortega testified at trial that he and fellow Juaritos Maravilla gang members were asked what they were doing in the Barelas barrio by people standing on a second-floor apartment balcony. 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. Defense counsel also did not dispute the accuracy of the following statement argued to the court by the State: I would also say in the interviews Mr. DeVoe [co-defendant Charlie Allison's counsel] conducted with Mr. Huero [sic] and Mr. Canas, Mr. DeVoe showed the two photo arrays of Allison and Trujillo to Iguado [Ortega] and Canas and they reaffirmed their identification of both defendants at Mr. DeVoe's request. 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. {46} Finally, Defendant argues that defense counsel's failure to challenge the indictment for conspiracy to commit depraved-mind murder, a non-existent crime, constituted per se ineffectiveness. The test under the catch-all rules is whether the out-of-court statement-not the witness's testimony-has circumstantial guarantees of trustworthiness.3 Id. He earned his wings too soon on May 4, 2021. RESET. We affirm Defendant's convictions for first-degree depraved-mind murder and conspiracy to commit aggravated battery. He was a 1959 graduate of Valley High School (ABQ) and attended one year at UNM. And do you see like pimples or acne scars on his face? 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. 27. See Martinez v. State, 108 N.M. 382, 383, 772 P.2d 1305, 1306 (1989). 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. Chris Trujillo - Lead IT Specialist - Northern New Mexico College On the stand Ortiz stated that he could not recall the particular details of the crime. Christopher John Trujillo was born on March 30, 1991. 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. Carolina possesses extensive experience scaling and launching startups by connecting strategy, data, and operational execution in ambiguous and challenging environments. Q. Faced with the possibility of gang retaliation, Ortiz might have felt pressure to give an incomplete or inaccurate description of the events. {35} Shooting at a dwelling or occupied building consists of willfully discharging a firearm at a dwelling or occupied building. Section 30-3-8(A) (emphasis added). Based on these facts, we find that there are equivalent circumstantial guarantees of trustworthiness to make this statement admissible under Rule 11-803(X) and conclude that the trial court's determination that the evidence was admissible was not erroneous, arbitrary, or unwarranted. {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). 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).