250 Harvard Rd, San Mateo, CA. 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. The jury had before it evidence from two other eyewitnesses that identified Defendant as one of the shooters. "Watching your passion for students and your support of one another has been a privilege and an honor," wrote Trujillo, in this open letter to . All dates selected Filter by filing date. . 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)). He earned his wings too soon on May 4, 2021. 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. However, [a]n error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment. Id. Full Service Burial. {13} At trial, Defendant objected to the admission of Ortiz's taped statement on general impeachment and hearsay grounds. {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. 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. Christopher Trujillo in New Mexico 283 people named Christopher Trujillo found in Albuquerque, Santa Fe and 6 other cities. Los Trujillo Map. 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. Chris Trujillo has been working as a Program Analyst at Los Alamos National laboratory for . Dissent 79. Q. 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. 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. He then testified that all three identified both Allison and Defendant as the shooters and that they had all told him that only one gun was used. The defendant helped, encouraged or caused the crime to be committed. ALBUQUERQUE, N.M. (KRQE) - Carlos Trujillo enjoyed football and wrestling as a kid growing up in Albuquerque but he needed something with more juice. As a result of this argument, shots were fired from the upstairs balcony at a downward angle, killing Mendez and wounding Canas. Christopher John Trujillo was born on March 30, 1991. {33} Defendant was charged and convicted of conspiracy to commit a first-degree depraved-mind murder. And do you see like pimples or acne scars on his face? State v. Allison, 2000-NMSC-027, 27-31, 129 N.M. 566, 11 P.3d 141. We review each of Defendant's allegations of prosecutorial misconduct individually in addition to considering their cumulative effect. Shortly after the shots were fired, Ortiz ran after Mendez and found him lying face down in the alley. 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. Please try again. Men and women behind bars seeking letters on WriteAPrisoner. In this case Ortiz described seeing a big guy and a little guy. He also described what each was wearing and told how the big guy asked for the gun, but the little guy did not want to give it to him. He asserts that there was no evidence from any witness that any of the shots were directed at any building or that any bullets hit a building. Inmate Profiles . We Are Available 24/7Albuquerque(505) 225-8282 | Santa Fe (505) 240-6663Live Chat. UJI 14-2822 NMRA 2002. Hours & Location. 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. Furthermore, both identified Defendant as one of the shooters from a photo lineup shown to them by Detective Shawn the night of the shooting. The statement was thus specifically covered by [some] of the foregoing exceptions Rule 11-803(X). 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. He was raised with his fourteen siblings in what was always an entertaining and loving environment. {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. Christopher John Trujillo was born on March 30, 1991. Add new skills with these courses 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. 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. 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. Chris Trujillo. Why WriteAPrisoner? 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. {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. and studied at Brighton High School. During his argument to the court, defense counsel discussed what Canas had told Detective Shawn and argued that Canas' statement that the shooter was bald was exculpatory because his client had short hair. {43} Defendant also claims his trial attorney failed to question Ortega about his alleged statement to his friend Juan Landaras on the night of the shooting, that a third person, Little Guero, not Defendant, was the shooter and that counsel failed to challenge Ortega's conflicting identifications of the shooters. 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. 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. 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. In order to be convicted of conspiracy, the defendant must have the requisite intent to agree and the intent to commit the offense that is the object of the conspiracy. Varela, 1999-NMSC-045, 42, 128 N.M. 454, 993 P.2d 1280; see also Baca, 1997-NMSC-059, 51, 124 N.M. 333, 950 P.2d 776. The State asserts without discussion, and without citing to any evidence in the record, that Defendant willfully discharged the gun at an occupied apartment building. Viewing the evidence in the light most favorable to the State, resolving all conflicts and indulging all permissible inferences to uphold a verdict of conviction, we find that there was no evidence to support the jury's conclusion that Defendant shot at a dwelling or occupied building. Thus, under our law, adults convicted of first-degree murder may appeal directly to the Supreme Court, as of right, because they will always be sentenced to life imprisonment or death, while it appears juvenile offenders convicted of first-degree murder may not be able to appeal their convictions directly to the Supreme Court because the trial court has discretion to sentence them to less than a life sentence. 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. Under those circumstances, I am not persuaded that the reasons for the principle of deference apply. 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. Contact Number . Sys., 112 N.M. 226, 230, 814 P.2d 94, 98 (1991); Lowe v. Bloom, 110 N.M. 555, 555, 798 P.2d 156, 156 (1990). 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. You can view 1 entry, complete with personal details, location history, phone numbers, relatives and locations for Caitlyn Trujillo. 2001) (Although there was initially some debate about the meaning of this phrase, [not specifically covered by any of the foregoing exceptions,] the majority of circuits have concluded that the phrase means only that, if a statement is admissible under one of the hearsay exceptions, that exception should be relied on instead of the residual exception. Defendant asserts that, as a result, the admissibility of this evidence should be reviewed de novo rather than for an abuse of discretion. Thus, even assuming the prosecutor improperly led the witness in the excerpts identified by Defendant, we find no prejudice to Defendant on the issue of identification. Read More . {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). Because Defendant did not properly preserve the following issues for appellate review, we review them for fundamental error. 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. [T]o establish ineffective assistance of counsel, the defendant must point to specific lapses by trial counsel. State v. Brazeal, 109 N.M. 752, 757, 790 P.2d 1033, 1038 (Ct.App.1990). STATE of New Mexico, Plaintiff-Appellee, v. Chris TRUJILLO, Defendant-Appellant. 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. Christopher John Trujillo was born on March 30, 1991. See State v. Deaton, 74 N.M. 87, 90, 390 P.2d 966, 968 (1964). {67} For the reasons stated above, 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). {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. LUTCF, Registered Representative. {49} When an issue of prosecutorial misconduct is properly preserved by a timely objection at trial, we review the trial court's ruling on this issue under the deferential abuse of discretion standard because the trial court is in the best position to evaluate the significance of any alleged prosecutorial errors. State v. Duffy, 1998-NMSC-014, 46, 126 N.M. 132, 967 P.2d 807. 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). He Was Born to Cathy Trujiilo and Anthony Suazo, Raised by his Grandparents in the small town Taos, New Mexico, USA. In New Mexico, [w]hoever commits murder in the first degree is guilty of a capital felony. Section 30-2-1. 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. Chris was a. I concur in parts II, III(A), IV, V, VI, VIII, IX and XI. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. 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). {50} Defendant first argues that the prosecutor engaged in misconduct by failing to disclose material evidence to the defense. Defendant properly preserved this issue by a timely objection at trial. Because of our disposition of Defendant's convictions for conspiracy to commit depraved-mind murder and conspiracy to commit shooting at a dwelling or occupied building, the only remaining conspiracy conviction is conspiracy to commit aggravated battery. {38} Defendant has the burden of showing ineffective assistance of counsel. {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. 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. $3895 . Are you getting ready to buy a new car? {73} First, I am not persuaded that the requirements for admission under Rule 11-803(X) were satisfied. BLOG; CATEGORIES. Counsel's failure to ask Ortega about this alleged inconsistent identification could have been a rational trial strategy. {87} I would reverse the trial court's determination that Ortiz's hearsay statement was admissible and reverse Defendant's convictions. We agree. See Lopez, 2000-NMSC-003, 10, 128 N.M. 410, 993 P.2d 727. Counsel may not have had as much time to review the jury questionnaires as he would have liked, but the record indicates that he in fact conducted a thoughtful voir dire in which he engaged in an active discussion with the panel. Attended New Mexico State University in Las Cruces, New Mexico, USA in (1998-2000). 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. 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. 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 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. I disagree for three reasons. Section 34-5-8(A)(3) indicates that the Court of Appeals has appellate jurisdiction over criminal actions, except those in which a judgment of the district court imposes a sentence of death or life imprisonment. (Emphasis added.)
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