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. However, as Defendant did not raise this issue below, it was not properly preserved for appellate review. Brandon Trujillo in New Mexico Bernalillo County. 2052) (internal citation omitted). 11 (quoting State v. Ross, 1996-NMSC-031, 122 N.M. 15, 22, 919 P.2d 1080, 1087) (internal quotation marks omitted). Our resolution of this issue rests on whether the prosecutor's improprieties had such a persuasive and prejudicial effect on the jury's verdict that the defendant was deprived of a fair trial. Id. Request Quote . The State introduced evidence that Defendant and Allison were members of the Barelas gang, and that Ortega, Canas, and Mendez were members of a rival gang, the Juaritos Maravilla. Our mandatory appellate jurisdiction is constitutional and is limited to [a]ppeals from a judgment of the district court imposing a sentence of death or life imprisonment. N.M. Const. Christopher John Trujillo was born on March 30, 1991. {52} When an issue has not been properly preserved by a timely objection at trial, we have discretion to review the claim on appeal for fundamental error. State v. Varela, 1999-NMSC-045, 42, 128 N.M. 454, 993 P.2d 1280 (refusing to extend Baca's holding to prohibit the conviction of conspiracy to commit shooting at a dwelling which requires willful, rather than reckless, behavior). Hours & Location. The majority holding otherwise, I respectfully dissent. The majority admits Ortiz's out of court statements under Rule 11-803(X) NMRA 2002. 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. Second of all, I think it would be to your disadvantage for me to reiterate what it was because then they will really focus on the fact that he allegedly was buying a handgun. Select the best result to find their address, phone number, relatives, and public records. He claims that the testimony came out during defense counsel's examination of Detective Shawn, during which defense counsel asked Shawn an open-ended question about one of his interviews. He was born in Los Padilla's, New Mexico to Alfonso and Valentina Sosa, who proceeded him in death. 1555, 131 L.Ed.2d 490 (1995), Defendant had knowledge of these two men's juvenile records and has not demonstrated any prejudice which resulted from the State's failure to provide that information. It is the court's duty to determine preliminary questions concerning the admissibility of evidence, see Rule 11-104(A) NMRA 2002, and this Court reviews the trial court's rulings for an abuse of discretion. 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). {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. A Memorial Tree was planted for Christopher, We are deeply sorry for your loss ~ the staff at Riverside Funeral Home of Santa Fe, Has a Death Occurred? 1 was here. Defendant properly preserved this issue by a timely objection at trial. However, Ortiz apparently could not recall more specific details of the shooting, including who fired the gun. 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. {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. 1655 La Fonda Dr Las Cruces, NM 88001-3904 Directions. Email. Decided: February 05, 2002 Freedman, Boyd, Daniels, Hollander, Goldberg & Cline, P.A., Lisa N. Cassidy, Albuquerque, NM, Phyllis H. Subin, Chief Public Defender, Nancy M. Hewitt, Assistant Appellate Defender, Santa Fe, NM, for Appellant. According to Ortiz, Defendant shot at Mendez first and then let Allison shoot Canas and Ortega. However, Detective Shawn testified that he believed Ortiz was generally telling the truth, but that he was withholding the actual names of the shooters and was only willing to give a physical description of them. Main navigation. While we remind counsel of their obligations of civility and professionalism under the Rules of Professional Conduct, see e.g., Rule 16-804 NMRA 2002, we are not persuaded that this incident, or the trial judge's denial of the request for a continuance, resulted in prejudice to the Defendant. 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. He also asserts that no evidence showed that Defendant knew anything about Allison's intentions or that he encouraged Allison to shoot Mendez. Previously, Chris was a Park Manager at Broward County, Florida. We Are Available 24/7, Join in honoring their life - plant a memorial tree. 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. 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.) State v. Allison, 2000-NMSC-027, 27-31, 129 N.M. 566, 11 P.3d 141. {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. See 5 Jack B. Weinstein & Margaret A. Berger, Weinsteins's Federal Evidence 807.03[4], at 807-26 (Joseph M. McLaughlin ed., 2d ed. The statement was thus specifically covered by [some] of the foregoing exceptions Rule 11-803(X). I publish daily videos playing Slots in casinos all over the country, showing millions of fans how to have a great time using an entertainment budget! {33} Defendant was charged and convicted of conspiracy to commit a first-degree depraved-mind murder. Herrera stated that his findings were consistent with other physical evidence that tended to demonstrate that the shots were fired only downward. 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. 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. Men and women behind bars seeking letters on WriteAPrisoner. The NPI number of Chris Trujillo is 1578830162 and was assigned on November 2011. Get contact info, address & run background checks for Elaine Trujillo. 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.). 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. 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. She assumed office in 2013. {76} The majority also reasons that because Ortiz put himself and his family in danger by giving a description of the shooters to the police, it is less likely that he lied. Thus, jurisdiction in this case is proper and we review Defendant's appeal on the merits. 2052, 80 L.Ed.2d 674 (1984). As a preliminary matter, we must first consider the question of whether Defendant preserved the confrontation issue for appellate review. Id. No, you know, "I'm sorry, I. 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. 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. Defendant has identified no prejudice resulting from any lack of preparedness, nor do we find any. The practitioner's primary taxonomy code is 183500000X with license number RP00007033 (NM). {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. Entering his junior year, the Auburn commit has a career on-base percentage of .512 in more than 50 games at the varsity level. Verna Trujillo A Overview. Domestic space is described as a place of safety, security, and . {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. On May 25, 2021 a funeral service will be held at 10am by Father George Salazar at Santa Rita Church in Bernal, NM. {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. However, under the statute, juvenile offenders convicted of first-degree murder may be sentenced to life imprisonment but shall not be punished by death. Id. {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. See id. . 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. Chris Trujillo. 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. Thus, we do not address Defendant's double jeopardy argument. Further, despite a brief reference to that rule, the trial court may not have admitted the statement on that basis. I do believe it's appropriate to allow that. WE CONCUR: PATRICIO M. SERNA, Chief Justice, and PETRA JIMENEZ MAES, Justice. Christopher Raymond Trujillo, 1970 - 2007 Christopher Raymond Trujillo was born on month day 1970, at birth place, District of Columbia. Also, proceeded him are brothers, Frank Sosa, Dan Henry Sosa and Ernest Sosa. When a defendant has been convicted of a capital felony, he shall be punished by life imprisonment or death. Section 31-18-14(A). . VI, 2. After a lengthy discussion of that rule, the State noted, There are some other exceptions that I could argue or basis on the rules of evidence that I could argue for the admission of this, but that [, Rule 11-803(E),] I think is [the principal basis]. After Defendant's response to the State's argument, the State proffered several other grounds for the admission of the statement: Rule 11-801(D)(1)(c) NMRA 2002, Rule 11-803(X), Rule 11-804(A)(3) NMRA 2002, and Rule 11-613(B) NMRA 2002. Stevens said any time SNAP benefits increased since the pandemic began in 2020, the number of requests for care packages went down. {78} Both familial loyalty and fear of retaliation could lead to an inference that Ortiz would not have made the statement to the police unless he believed it to be true. Show on Map . We disagree. She was born to Santiago Miranda and Magdalena Sanchez on February 25, 1928, in Albuquerque, New Mexico. Della Gonzales also testified that she heard the noise of the bullets from a nearby apartment but that she did not hear the noise of bullets striking a surface or building. Public Records & Background Search Christopher David Trujillo, age 60, Denver, CO Background Check Which memorial do you think is a duplicate of Chris Trujillo (104119474)? In view of my disposition of part III(B), I would not reach the ineffective assistance of counsel and cumulative error claims found in parts VII and X. 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. See UJI 14-203 NMRA 2002. {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. We agree with Defendant that it [was] improper for the prosecution to refer the jury to matters outside the record. Allen, 2000-NMSC-002, 104, 128 N.M. 482, 994 P.2d 728. Defense counsel requested the continuance because he claimed that he was so upset by the incident that he felt he could not proceed that day. {55} Canas was arrested on a material witness warrant but was not interviewed by the defense and apparently fled the jurisdiction prior to trial. Thus, I concur in parts II, III(A), V, and VI. 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. We hold that sufficient evidence exists to affirm Defendant's conviction of first-degree depraved-mind murder on either a principal or accessory liability theory. 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. {11} Defendant's first argument is that the trial court erred by admitting the tape and transcript of Ortiz's out-of-court statements. 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. As quoted above, Ortega told the story in his own words. Pursuant to NMSA 1978, 30-2-1(A)(3) (1994) (first-degree depraved-mind murder); 30-2-1(A)(3) and NMSA 1978, 30-28-2(B)(1) (1979) (conspiracy to commit first-degree depraved-mind murder); NMSA 1978, 30-3-2(A) (1963) and NMSA 1978, 31-18-16 (1993) (aggravated assault); NMSA 1978, 30-3-5(A) & (C) (1969) and NMSA 1978, 30-28-2(B)(3) (1979) (conspiracy to commit aggravated battery); NMSA 1978, 30-3-8(A) (1993) and NMSA 1978, 30-28-2(B)(2) (1979) (conspiracy to commit shooting at a dwelling or occupied building (great bodily harm)); 30-3-8(A) and 30-28-2(B)(3) (conspiracy to commit shooting at a dwelling or occupied building (resulting in injury)); 30-3-8 (shooting at a dwelling or occupied building (no injury)); and 30-3-8(A) and 30-28-2(B)(3) (conspiracy to commit shooting at a dwelling or occupied building (no injury)). 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. 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! c***@lanl.gov. 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. 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. As discussed above, the State also introduced evidence that Detective Shawn interviewed Ortiz the night of the shooting, although Ortiz was reluctant to testify about the details of the shooting or his prior statement at trial. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Why WriteAPrisoner? {66} Section 31-18-15.3(D) provides: When an alleged serious youthful offender is found guilty of first degree murder, the court shall sentence the offender pursuant to the provisions of the Criminal Sentencing ActThe court may sentence the offender to less than, but not exceeding, the mandatory term for an adult. Adults convicted of first-degree murder shall be punished by life imprisonment or death. Section 31-18-14(A). Burial and reception will follow at 430 County Rd. 2052). He earned his wings too soon on May 4, 2021. 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. 2023 a domestic/family case was filed by Trujillo . {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. Memorial ID. Colfax County, New Mexico, USA will be saved to your photo volunteer list. Cheryl Trujillo's phone number is (505) 292 - 5391. 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. {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). 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. 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. 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. 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. Description: CRIMINAL SEXUAL CONTACT 4TH DEGREE (D-202-CR-2012-03796) Arrest facts in New Mexico. See Baca, 1997-NMSC-059, 51, 124 N.M. 333, 950 P.2d 776 (holding that a conviction for conspiracy to commit first-degree depraved-mind murder could not stand under current case law because conspiracy requires both intent to agree and intent to commit the offense which is the object of the conspiracy and depraved-mind murder is an unintentional killing resulting from highly reckless behavior); cf. He claims that it was improper for the prosecutor to question Detective Shawn regarding his identification of the shooters. It is unlikely that either the drafters of Article VI, Section 2 of the New Mexico Constitution, or this Court when it adopted Rule 12-102(A)(1), considered, or even foresaw, this issue when adopting the language limiting our mandatory appellate jurisdiction for criminal appeals to only those [a]ppeals from a judgment of the district court imposing a sentence of death or life imprisonment. N.M. Const. However, during cross-examination, defense counsel questioned Detective Shawn about Ortega's alleged statement to Landaras, specifically attacking his failure to follow-up on this information known by one of his detectives, Detective Martinez. It seems clear from the record that defense counsel did interview Ortega, as indicated by the trial judge's statement: In reference to the interview, that I'm not so much concerned about because that was conducted out of the presence of the jury and the interview, at least with Mr. Ortega, happened. We find nothing in the record to indicate that defense counsel did not avail himself of this opportunity. Faced with the possibility of gang retaliation, Ortiz might have felt pressure to give an incomplete or inaccurate description of the events. Verna Trujillo A in 2018 was employed in Northern New Mexico College and had a reported pay of $27,475 according to public records. 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)). Q. In this vein, Ortiz's ranking out of the Barelas gang certainly provided a plausible explanation for the start of the quarrel. 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.) 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). Moreover, counsel did not draw the jury's attention to it, and it was not repeated by counsel or the prosecutor. Contact. 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. The State of New Mexico has additional required charges for Cremation Permit, Office of the Medical Investigator fee, death certificates and sales tax. GENE E. FRANCHINI, Justice (concurring in part, dissenting in part). We review each of Defendant's allegations of prosecutorial misconduct individually in addition to considering their cumulative effect. Are you getting ready to buy a new car? Because we find substantial evidence in the record to support Defendant's convictions, and because Defendant failed to demonstrate circumstances that shock the conscience or show a fundamental unfairness, we find no fundamental error. 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. {27} Defendant's reliance on Hernandez is misplaced. As a result, we do not address Defendant's confrontation concerns on appeal. None of those factors is present in this case. 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. He also testified that Ortiz identified Defendant as one of the shooters from a photo lineup as well but refused to have his identification recorded. {62} Conspiracy is a specific intent crime. 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. Write a prisoner today. None appears to support the use of Ortiz's interview with the police. Experience . Defendant asserts that an unconstitutional sentence is an illegal sentence that may be challenged for the first time on appeal, relying on State v. Sinyard, 100 N.M. 694, 695, 675 P.2d 426, 427 (Ct.App.1983) and State v. Smith, 102 N.M. 350, 351-353, 695 P.2d 834, 835-837. See Baca, 1997-NMSC-059, 24, 124 N.M. 333, 950 P.2d 776. . Because Defendant did not properly preserve the following issues for appellate review, we review them for fundamental error. {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. 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.