Chris was a. He took pride in everything he did and everything he did was for his sons. No. In both instances the objections were sustained, but no limiting instruction was requested. Has a Death Occurred? We find there was sufficient evidence to convict Defendant of first-degree depraved-mind murder on either of these theories. {86} In this case, the State was faced with an out-of-court statement that was almost, but not quite, a recorded recollection under 11-803(E), and was almost, but not quite, a statement of identification under Rule 11-801(D)(1)(c). 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. He was born and raised in Bernal, New Mexico to Ted Trujillo and LuAnna Bustamante. As a result, the prosecutor played the tape of an interview between Ortiz and Detective Shawn conducted a few hours after Mendez was killed. Experience . {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). She was a beloved daughter, wife, mother, grandmother, great-grandmother, and a friend to many. We will review the memorials and decide if they should be merged. We do not find the trial court's decision to be arbitrary, capricious, or beyond reason. 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. Defendant's case did not go to trial until November 9, 1998, leaving counsel nearly a year to challenge the indictment for this crime. Sisters, Alpha Quill and Robert Tixer . 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. Nancy Fontenot. {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. Chris Trujillo. PAMELA B. MINZNER, Justice (concurring in part, dissenting in part). {23} Under a sufficiency of the evidence analysis, we must first determine whether substantial evidence of either a direct or circumstantial nature exists to support a verdict of guilt beyond a reasonable doubt with respect to every element essential to a conviction. State v. Sutphin, 107 N.M. 126, 131, 753 P.2d 1314, 1319 (1988). 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. Are you getting ready to buy a new car? {51} The trial judge denied Defendant's motion to dismiss on the basis that it came down to a swearing match between the two attorneys and she found no prejudice to the Defendant. 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. 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. It is rare that a term of incarceration, which has been authorized by the Legislature, will be found to be excessively long or inherently cruel. State v. Augustus, 97 N.M. 100, 101, 637 P.2d 50, 51 (Ct.App.1981) (finding that the trial court's sentence did not constitute cruel and unusual punishment because it did not exhibit a deliberate indifference to defendant's medical needs, even though prior to sentencing defendant underwent open heart surgery and his surgeon expressed his belief that defendant should never be incarcerated due to his medical problems). Trujillo formerly served as founding director of the Office of Equity and Diversity at Northern New Mexico College since 2013, where she oversaw programming to address access and inclusion for historically underrepresented populations in higher education. {55} Canas was arrested on a material witness warrant but was not interviewed by the defense and apparently fled the jurisdiction prior to trial. 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. We have developed the entire body of New Mexico case law for first-degree murder cases, and it would only create confusion and inconsistency for the rare case of a serious youthful offender convicted of first-degree murder but sentenced to less than life imprisonment to proceed first to the Court of Appeals when all other first-degree cases proceed directly to this Court. {71} Defendant's claims of prosecutorial misconduct and cruel and unusual punishment arising from his sentence could arise on remand, so I agree these questions ought to be reached; additionally, I agree with the majority's disposition on the merits. Verna Trujillo A Overview. Furthermore, it is the policy of this Court to construe its rules liberally so that causes on appeal may be determined on their merits. See Garcia, 114 N.M. at 274, 837 P.2d at 867. Both Ortega and Ortiz indicated that one of the two men shot first at Mendez, and then the gun was handed off to the other who immediately shot at Ortega and Canas. Stevens said any time SNAP benefits increased since the pandemic began in 2020, the number of requests for care packages went down. I therefore respectfully dissent from part III(B). 1655 La Fonda Dr Las Cruces, NM 88001-3904 Directions. {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. Audrey Trujillo, the Republican candidate for New Mexico Secretary of State, appeared on Steve Bannon's podcast in June to explain why she's convinced former President Donald Trump won the 2020 election. (citations omitted). 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. Detective J.D. (emphasis omitted). Verna Trujillo A in 2018 was employed in Northern New Mexico College and had a reported pay of $27,475 according to public records. See State v. Deaton, 74 N.M. 87, 90, 390 P.2d 966, 968 (1964). None appears to support the use of Ortiz's interview with the police. Ortiz, however, did have a motive to shift the blame for the fatal shot from his cousin to Defendant, assuming-as I think we can-that Ortiz was aware that eyewitnesses put both his cousin and Defendant on the balcony, and assuming familial loyalty to his cousin. The State of New Mexico has additional required charges for Cremation Permit, Office of the Medical Investigator fee, death certificates and sales tax. {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. Looking for Chris Trujillo in Albuquerque, New Mexico? Furthermore, just because the prosecutor thought defense counsel to be ineffective does not make it so. Christopher Sam Trujillo. 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. 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 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. BLOG; CATEGORIES. {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. San Juan County, New Mexico H2 Fact Sheet . STATE of New Mexico, Plaintiff-Appellee, v. Chris TRUJILLO, Defendant-Appellant. (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. of County Comm'rs v. McCulloh, 52 N.M. 210, 215, 195 P.2d 1005, 1008 (1948) (quoting State ex rel. Shortly after the shots were fired, Ortiz ran after Mendez and found him lying face down in the alley. Why WriteAPrisoner? None of those factors is present in this case. 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. Check other contact information for Cheryl Trujillo. 4. {22} Defendant next argues that insufficient evidence supports his conviction for first-degree depraved-mind murder on either a principal or accessory liability theory. Also, proceeded him are brothers, Frank Sosa, Dan Henry Sosa and Ernest Sosa. Leave a sympathy message to the family in the guestbook on this memorial page of . Current address. There was nothing in his statement that indicated that any of the shots had been fired at any building. Christopher Trujillo - Technical Coordinator - Region 9 Education Cooperative | LinkedIn Christopher Trujillo State of New Mexico - Region 9 Education Cooperative Technical Coordinator. 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. Entering his junior year, the Auburn commit has a career on-base percentage of .512 in more than 50 games at the varsity level. Request Quote . Counsel's failure to ask Ortega about this alleged inconsistent identification could have been a rational trial strategy. {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. According to our new study, State of Contact Center Conversation Intelligence 2022, 48% . The State also presented evidence that there was a verbal exchange between Allison, Defendant and Mendez and that some gang identification prompted the shooting. Refine Your Search Results All Filters 1 Christopher M Trujillo, 49 Resides in Las Vegas, NM Lived In Henderson NV, Las Vegas NV, Chula Vista CA, Virginia Beach VA The trial court's determination of these questions will not be disturbed unless its ruling is arbitrary, capricious, or beyond reason. Id. US States (36975K) . cemeteries found within miles of your location will be saved to your . For example, the prosecutor asked: Q. We find that such evidence was inextricably part of the State's case. Main navigation. See UJI 14-203 NMRA 2002. Although it appears that defense counsel did not interview Ortega prior to opening statements, the court noted that it would allow counsel to finish interviewing him before he took the stand. 2052. He was born in Los Padilla's, New Mexico to Alfonso and Valentina Sosa, who proceeded him in death. 2023 March February January 2022 December November October September August . {50} Defendant first argues that the prosecutor engaged in misconduct by failing to disclose material evidence to the defense. See State v. Mora, 1997-NMSC-060, 47 n. 1, 124 N.M. 346, 950 P.2d 789 (finding that defendant did not preserve the confrontation issue for appellate review because he did not timely object to the admission of [the deceased witness's] statement on confrontation grounds, nor did he timely object on general constitutional grounds); cf. He was born and raised in Bernal, New Mexico to Ted Trujillo and LuAnna Bustamante. Judge Victor S. Lopez presiding. 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. 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. There may be more than one cause of death. 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. You can view 1 entry, complete with personal details, location history, phone numbers, relatives and locations for Caitlyn Trujillo. Chris Trujillo The Starcourt food court featured a quintessential selection of '80s eateries, including Burger King, Great Panda, Orange Julius, Hot Sam and New York Pizza. Trujillo v. Sullivan, 815 F.2d 597, 613 (10th Cir.1987). This pay is 25 percent lower than average and 12 percent lower than median salary in Northern New Mexico . Accordingly, defendant must still affirmatively prove prejudice. 2052). The Detective responded that Silly tried to sell him a gun, a .25 caliber. Defense counsel moved on with other questions and then moved for a mistrial, or in the alternative, for a curative instruction, after the jury was dismissed for the day, arguing that the statement was overly prejudicial. Id. Faced with the possibility of gang retaliation, Ortiz might have felt pressure to give an incomplete or inaccurate description of the events. 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. {14} At trial, the State called Ortiz as an eyewitness to testify regarding the details of the shooting. {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. 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. I'm networking with professionals in the fields of Digital Strategy, Marketing, and Web Development. 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. Chris J Trujillo worked as a Pharmacist for the State of New Mexico and in 2020 had a reported pay of $38.66/HR according to public records. Christopher Trujillo . We also note that in a recent opinion this Court unanimously concluded that the district court, under the same exact facts, did not abuse its discretion by admitting Ortiz's prior statement under Rule 11-803(X). Attended New Mexico State University in Las Cruces, New Mexico, USA in (1998-2000). {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. Defendant properly preserved this issue by a timely objection at trial. {9} We conclude that serious youthful offenders convicted of first-degree murder shall be allowed to invoke this Court's mandatory appellate jurisdiction under Article VI, Section 2 of the New Mexico Constitution and Rule 12-102(A)(1). 27. Northern New Mexico College. We are also not persuaded that had the defense attorney received the requested rap sheets that contained Ortega's and Mendez's juvenile history, any difference in the outcome would have resulted. Learn more about merges. 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. Also the statements of Canas was that a skinny, thin Hispanic guy with acne was up on the balcony and a big-boned, heavyset guy with a ponytail significantly bigger than the thin Hispanic guy was up on the balcony and those are the two guys who committed the killing. Because Rule 11-803(X) requires an affirmative showing of such guarantees, I do not believe that it provides a basis for admitting this statement. 2023 a case was filed by Lucero Chris, in the jurisdiction of Bernalillo County. 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. {87} I would reverse the trial court's determination that Ortiz's hearsay statement was admissible and reverse Defendant's convictions. 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? 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. Which memorial do you think is a duplicate of Chris Trujillo (104119474)? 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. Pound was taken to the hospital and removed from. at 560, 874 P.2d at 21 (quoting State v. Taylor, 103 N.M. 189, 197, 704 P.2d 443, 451 (Ct.App.1985)). Defense counsel told the court that he was not aware that Ortega and Canas had been arrested on material witness warrants until some time after the two had been arrested, but that he and the prosecutor did conduct an interview with Ortega which eventually broke down due to animosity between the lawyers. . The City of Los Trujillo is located in Valencia County in the State of New Mexico.Find directions to Los Trujillo, browse local businesses, landmarks, get current traffic estimates, road conditions, and more.The Los Trujillo time zone is Mountain Daylight Time which is 7 hours behind Coordinated Universal Time (UTC). {45} Defendant also argues that defense counsel failed to object to prejudicial hearsay statements and elicited highly prejudicial evidence against his own client. Public Records & Background Search Christopher David Trujillo, age 60, Denver, CO Background Check See the links below for more info. Id. {2} Pursuant to Rule 12-102(A)(1) NMRA 2002, Defendant raises the following issues on appeal: (1) the admission of the tape and transcript of Joseph Ortiz's out-of-court statement violated Defendant's constitutional right to confrontation and due process because it was inadmissible impeachment and hearsay evidence; (2) his conviction for first-degree depraved-mind murder violated due process of law because sufficient evidence did not support the conviction on any theory; (3) Defendant was convicted of a crime that does not exist-conspiracy to commit depraved-mind murder; (4) there was no evidence that Defendant shot at a dwelling or occupied building; (5) Defendant's trial counsel's performance constituted ineffective assistance of counsel; (6) the prosecutor's acts of misconduct distorted the evidence on the issue of identification, depriving Defendant of due process and a fair trial; (7) the conspiracy charges and Defendant's convictions violate the Double Jeopardy Clause because there is no evidence of any agreement or agreements to support separate charges; (8) the above constitute cumulative error that denied Defendant due process and a fair trial; and (9) Defendant's sentence is disproportionate and in violation of the state and federal constitutional prohibitions against cruel and unusual punishment. Christopher Trujillo in New Mexico 283 people named Christopher Trujillo found in Albuquerque, Santa Fe and 6 other cities. Chris received a Bachelor of Arts degree from New Mexico Highlands University. . As quoted above, Ortega told the story in his own words. Brandon Trujillo - New Mexico. Cf. {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.