Ashley Lynae Trujillo Home US States New Mexico Bernalillo County, NM Brandon Trujillo. Id. 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. Christopher Trujillo - IMDb Detective J.D. Learn more about FindLaws newsletters, including our terms of use and privacy policy. we must avoid concentrating on the suppressed evidence in isolation. Her desire to . 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. See Lopez, 2000-NMSC-003, 10, 128 N.M. 410, 993 P.2d 727. We affirm Defendant's convictions for first-degree depraved-mind murder and conspiracy to commit aggravated battery. In closing the prosecutor made two references to Canas' statement: Let me take you to the balcony. PICTURED: American father-to-be, 21, shot TWELVE TIMES and killed by Contact us. Arrangements made through Riverside Funeral Home of Santa Fe. 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. Looking for Chris Trujillo in Albuquerque, New Mexico? 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. Detective Shawn's frustration that Ortiz was hiding the identity of the shooters is understandable. 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. Christine Trujillo ( Democratic Party) is a member of the New Mexico House of Representatives, representing District 25. Domestic space is described as a place of safety, security, and . Although we did not have an extensive analysis on this issue and we noted that the defendant did not persuade us otherwise, we recognized that the district court found that the circumstances of the original statement, the proximity in time to the shooting itself, all are indicia of reliability in that statement. Id. {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. Christopher John Trujillo was born on March 30, 1991. But what Detective Shawn found was consistent. Caitlyn Trujillo lives in Brush, CO Below are the results we could find for Caitlyn Trujillo. Furthermore, just because the prosecutor thought defense counsel to be ineffective does not make it so. 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. Are you getting ready to buy a new car? Do you know how many shots Charlie fired? 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. 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. Defendant's reliance on these cases is misplaced. {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). Services will be as follows: May 24, 2021 will be a viewing from 1 to 3pm at Riverside Funeral Home in Santa Fe. He took pride in everything he did and everything he did was for his sons. A reviewing court must view the evidence in the light most favorable to the state, resolving all conflicts therein and indulging all permissible inferences therefrom in favor of the verdict. Id. {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). Make Changes for Christopher Trujillo 157139 {82} The Court of Appeals has said of the essentially identical predecessor to Rule 11-803(X) that it cannot be read to mean that hearsay which almost, but not quite, fits another specific exception, may be admitted under the other exceptions' subsection State v. Barela, 97 N.M. 723, 726, 643 P.2d 287, 290 (Ct.App.1982). Id. . Click a location below to find Christopher more easily. It is evident from the record that the trial judge recognized that the defense attorney had not completed his interviews at that point and made some arrangement for him to complete them prior to opening statements. {33} Defendant was charged and convicted of conspiracy to commit a first-degree depraved-mind murder. In any event, we do not agree that Detective Shawn is the person in the best position to gauge the candor of Ortiz's statement. Assistance of counsel is presumed effective unless the defendant demonstrates both that counsel was not reasonably competent and that counsel's incompetence caused the defendant prejudice. State v. Gonzales, 113 N.M. 221, 229-30, 824 P.2d 1023, 1031-32 (1992). He accomplished a lot during his 30yrs of life and left a mark on all of our hearts. [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). 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. In order to find the Defendant guilty, the State had to prove beyond a reasonable doubt that Defendant willfully shot a firearm at a dwelling or an occupied building. 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. Renew Profile for Christopher Trujillo 157139 2023 March February January 2022 December November October September August . While we agree that the rule cannot be used to supply the missing elements to admit evidence which almost, but not quite, meets the requirements of another specific exception, it can be used to admit out-of-court statements that otherwise bear indicia of trustworthiness equivalent to those other specific exceptions. Contact Number . The famous stars were married for over a decade until they split in . Attended New Mexico State University in Las Cruces, New Mexico, USA in (1998-2000). It could have gone either way, and again, the prejudice to the defendant, I just don't see it. We agree that viewed in the context of the entire record, there is nothing to indicate that had the July booking photograph been disclosed, the result of the proceeding would have been different. When he just-when like-they just started shooting when he said, Juaritos. When he said, I could be anywhere I want, Juaritos, they just started shooting. 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. {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). Meet Chris Trujillo | Farm Bureau Financial Services Implicit in the standard of materiality is the notion that the significance of any particular bit of evidence can only be determined by comparison to the rest. Defendant's action of taking the gun from Allison to continue the shooting is clear evidence of accessory liability. 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. {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. Chris Trujillo is a provider established in Albuquerque, New Mexico and his medical specialization is Pharmacist. See Martinez v. State, 108 N.M. 382, 383, 772 P.2d 1305, 1306 (1989). This is where Chris became interested in law enforcement. 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. 2023 a case was filed by Lucero Chris, in the jurisdiction of Bernalillo County. Show on Map . Certainly counsel's failure to challenge this indictment prejudiced Defendant as to his conviction for this crime. We therefore hold that the trial court did not abuse its discretion by admitting the tape and transcript into evidence under Rule 11-803(X). {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. {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). 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). 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. 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. Dr. Chris John Trujillo Pharmd Npi 1578830162 {56} We agree that Detective Shawn's statements regarding Canas' identification of Defendant was improper hearsay testimony. Robert Trujillo - Wikipedia Sisters, Alpha Quill and Robert Tixer . {15} As a general rule, the [a]dmission of evidence is entrusted to the discretion of the trial court, and rulings of the trial judge will not be disturbed absent a clear abuse of discretion.2 State v. Worley, 100 N.M. 720, 723, 676 P.2d 247, 250 (1984); see also Lopez, 2000-NMSC-003, 10, 128 N.M. 410, 993 P.2d 727; State v. Torres, 1998-NMSC-052,15, 126 N.M. 477, 971 P.2d 1267; State v. Stout, 96 N.M. 29, 32, 627 P.2d 871, 874 (1981). He earned his wings too soon on May 4, 2021. LUTCF, Registered Representative. 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). His fear could have had the same effect on his statement to the police. Request Quote . 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. In order to convict Defendant of this offense, the State had to prove beyond a reasonable doubt that Defendant committed the crime of depraved-mind murder either as a principal or an accessory. His contagious smile and outgoing personality will be greatly missed. Northern New Mexico College. {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. I therefore also concur in parts IV, VIII, IX and XI. If the acts of two or more persons contribute to cause death, each such act is a cause of death. And I've instructed the State that that did not open the door and I don't want that pursued, but that's as far as I'm going to go. at 691, 104 S.Ct. Date added: 1/11/2012. Defense counsel, in a motion to dismiss for prosecutorial misconduct, alleged two instances in which the State failed to provide material evidence to the defense. {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. See Danzer v. Prof'l Insurors, Inc., 101 N.M. 178, 180, 679 P.2d 1276, 1278 (1984); see also Govich v. N. Am. Because Defendant did not properly preserve the following issues for appellate review, we review them for fundamental error. 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. I'm networking with professionals in the fields of Digital Strategy, Marketing, and Web Development. We affirm Defendant's convictions for first-degree depraved-mind murder and conspiracy to commit aggravated battery. [6] Chris Trujillo, CxA - Construction | Commissioning Specialist - QA 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). Carolina T. - Asia School of Business - Ciudad de Mxico, Mxico | LinkedIn Christopher Trujillo in NM - Address & Phone Number | Whitepages Nearly 24% of New Mexicans rely on SNAP, the highest rate in the . 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! 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. Title: Microsoft Word - 2023-01-25 SJ County H2 Fact Sheet - FINAL.docx Author: Chris Created Date: 1/25/2023 9:37:23 AM . While a life sentence has never been interpreted to mean a sentence to imprisonment for the duration of the defendant's natural life, it has been interpreted to mean thirty years of imprisonment before the possibility of parole or reduction of sentence through good time credits. WED: Thousands in NM see drop in SNAP benefits as pandemic expansion 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. 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. About Us | Trujillo Funeral Home Ward v. Romero, 17 N.M. 88, 100, 125 P. 617, 621 (1912)). He earned his wings too soon on May 4, 2021. Los Trujillo, NM Map & Directions - MapQuest He was born and raised in Bernal, New Mexico to Ted Trujillo and LuAnna Bustamante. First, the dissent's discussion suggests that Detective Shawn found Ortiz's statement generally untruthful. On the night of the shooting, Ortega identified Defendant as one of the shooters from a photo array shown to him by Detective Shawn. 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 He also testified that he was unaware at the time of the interview that Ortiz and Allison were cousins. State v. Ross, 1996-NMSC-031, 122 N.M. 15, 20, 919 P.2d 1080, 1085. {50} Defendant first argues that the prosecutor engaged in misconduct by failing to disclose material evidence to the defense. See 5 Jack B. Weinstein & Margaret A. Berger, Weinsteins's Federal Evidence 807.03[4], at 807-26 (Joseph M. McLaughlin ed., 2d ed. 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. We therefore find no error. Questions Post Question One of the five men killed by Mexican soldiers was a 'cartel member' He Then left school to pursue his dream in the Arts. 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. Copyright 2023, Thomson Reuters. Finally, I do not think that the use of Rule 11-803(X) in this context comports with its drafters' intentions. Read More Contact Chris Trujillo's Phone Number and Email Last Update 11/19/2022 5:44 PM Email c***@newyorklife.com Request Quote (575) 556-8526. 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. 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. 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. 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). He is a Taos High School graduate of (1998). Her current term ends on December 31, 2024. And do you see like pimples or acne scars on his face? The Court stated that [t]he attempt to disarm [d]efendant, the elapse of time between the initial random shooting and the shot fired during the struggle, the apparent change in [d]efendant's intent when he stopped the random shooting and returned to his house, all lead us to conclude there was no evidence that [d]efendant's initial depraved-mind action caused the victim's death. Id. {30} In State v. Baca, 1997-NMSC-059, 15, 124 N.M. 333, 950 P.2d 776, we concluded that in order to find the defendant guilty as an accessory to first-degree depraved-mind murder the State was required to show, either through direct or circumstantial evidence, that [the principal] committed an act greatly dangerous to the lives of others indicating a depraved mind without regard for human life and also that [the accomplice] helped, encouraged or caused [the principal's] act, intending that the crime occur. Id. 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. See id. 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. 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. Experts alarmed by GOP secretary of state candidate's conspiracy Chris Trujillo is an Agent at New York Life Insurance based in New York City, New York. The NPI number of Chris Trujillo is 1578830162 and was assigned on November 2011. She assumed office in 2013. Colfax County, New Mexico, USA will be saved to your photo volunteer list. at 499, 873 P.2d at 245. Christopher Trujillo in New Mexico - Spokeo 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. $3895 . at 560, 874 P.2d at 21 (quoting State v. Taylor, 103 N.M. 189, 197, 704 P.2d 443, 451 (Ct.App.1985)). Id., 31. Defendant urges us to find that because of these facts, and because he was a child at the time of the crime, his sentence is so disproportionate as to shock the general conscience or violate principles of fundamental unfairness. We acknowledge that [a] sentence may constitute cruel and unusual punishment if its length is disproportionate to the crime punished, Burdex, 100 N.M. at 202, 668 P.2d at 318, and that it is within the province of the judiciary to review whether a sentence constitutes cruel and unusual punishment in violation of a constitutional provision. State v. Rueda, 1999-NMCA-033, 10, 126 N.M. 738, 975 P.2d 351. However, as Defendant did not raise this issue below, it was not properly preserved for appellate review. As a result of this argument, shots were fired from the upstairs balcony at a downward angle, killing Mendez and wounding Canas. The trial judge denied both motions and made the following finding: First of all, I don't think very many jurors heard it. 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. 2023 a domestic/family case was filed by Trujillo . ; see also State v. Lankford, 92 N.M. 1, 2, 582 P.2d 378, 379 (1978). {10} It is the duty of this court to interpret the various provisions of the Constitution to carry out the spirit of that instrument. Bd. However, Ortiz apparently could not recall more specific details of the shooting, including who fired the gun. The court then noted that the State could have impeached Ortiz with every line of the out-of-court statement, and that it was more efficient to just play the tape to the jury. {63} Defendant argues that cumulative error requires a reversal in this case. Chris Trujillo - Farm Bureau Financial Services - We make it simple to protect your family, home,. Public Records & Background Search Christopher David Trujillo, age 60, Denver, CO Background Check And after Javier said, I can go anywhere I want, Juaritos, what happened? 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. 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. 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. Moreover, in his opening statement, the defense attorney was completely forthright about Defendant's gang affiliation, stating that there is no question that Chris Trujillo is a gang member. Defense counsel went on to say that nobody in this room is going to think that Mr. Allison or Mr. Trujillo is a Boy Scout We certainly can't avoid the issue that this involves gangs, something about drugs, certainly some violence. Defense counsel also spoke of a spectrum of gang involvement, trying to demonstrate to the jury that while Defendant was not a Boy Scout, he was also not a gang member for profit, for criminal acts, for death, destruction, drug dealing, [or] intimidation. Although we recognize the danger of guilt by association when evidence of gang membership is introduced, such evidence is admissible to show other important elements of the crime, such as motive or intent. Count Every Mystery: Disappearance of Cindy "Tig" Rivera - Blogger Cheryl S Trujillo from San Mateo, CA | CocoFinder The only question for the jury was who was responsible for the bullets that struck and killed him. We conclude that Defendant's thirty year sentence with the possibility of good time credit does not constitute fundamental error. 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. See State v. Deaton, 74 N.M. 87, 90, 390 P.2d 966, 968 (1964). The fact finder can reject the defendant's version of an incident. State v. Vigil, 87 N.M. 345, 350, 533 P.2d 578, 583 (1975). He took pride in everything he did and everything he did was for his sons. (citations omitted). He was buried on month day 2001, at burial place. Los Trujillo Map. {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. 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. Lopez, 2000-NMSC-003, 9-21, 128 N.M. 410, 993 P.2d 727 (reviewing defendant's confrontation concerns after determining that the confrontation issue had been preserved at trial because defendant objected to his inability to cross examine or confront the witness). [6] Trujillo co-wrote several songs on the Down to Earth album. He was raised with his fourteen siblings in what was always an entertaining and loving environment. 2. 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.