Stay up-to-date with how the law affects your life. {48} We next address Defendant's argument that the prosecutor engaged in prosecutorial misconduct that deprived him of a fair trial. When a defendant has been convicted of a capital felony, he shall be punished by life imprisonment or death. Section 31-18-14(A). See Baca, 1997-NMSC-059, 51, 124 N.M. 333, 950 P.2d 776. {37} Defendant claims that he received ineffective assistance of counsel at every stage of the trial proceedings. March 2023 Bernalillo County Superior Records | Bernalillo County, NM {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. It also provides a plausible explanation for a less than candid statement to the police about that quarrel. Necessarily, there were other apartment buildings in the vicinity. {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). We will review the memorials and decide if they should be merged. Her desire to . Christopher Trujillo Obituary (1991 - 2021) - Santa Fe, NM - Las Vegas 20 plus years experiencce in design and project management of architectural projects, including residential, retail, hospitality, healthcare, entertainment and places of worship. We agree with the Court in State v. Ortiz-Burciaga, 1999-NMCA-146, 22, 128 N.M. 382, 993 P.2d 96, however, that under a substantial evidence review, [i]t is the exclusive province of the jury to resolve factual inconsistencies in testimony. We will not reweigh the evidence or substitute our judgment for that of the jury. While it is unclear from the transcript what the exact grounds for the trial court's ruling were, it is clear that Rule 11-803(X) did not play a significant role in the deliberations. The defendant intended that the crime be committed; 3. Add new skills with these courses B26A. See the links below for more info. See State v. Lopez, 2000-NMSC-003, 10, 128 N.M. 410, 993 P.2d 727. We are unpersuaded by Defendant's arguments and find that there was sufficient evidence at trial to convict Defendant of first-degree depraved-mind murder. Find 80 people named Chris Trujillo along with free Facebook, Instagram, Twitter, and TikTok search on PeekYou - true people search. Cheryl Trujillo, (505) 292 - 5391, Albuquerque, NM | CocoFinder Christopher Trujillo - Escrow Assistant - Centric Title and - LinkedIn Trujillo Funeral Home | Albuquerque, NM 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. We do not find the trial court's decision to be arbitrary, capricious, or beyond reason. . 2. 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. Christopher John Trujillo was born on March 30, 1991. Inmate Profiles . His fear could have had the same effect on his statement to the police. The trial judge denied both motions and made the following finding: First of all, I don't think very many jurors heard it. From the onset of New Mexico jurisprudence, first-degree murder convictions have been appealed directly to this Court, and even after the creation of the Court of Appeals, this Court retained this crucial area of jurisdiction. View Christopher Trujillo's profile on LinkedIn, the world's largest professional community. {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. WE CONCUR: PATRICIO M. SERNA, Chief Justice, and PETRA JIMENEZ MAES, Justice. 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. We conclude that a rational jury could find, from this testimony, that beyond a reasonable doubt Defendant's act of shooting into the crowd caused Mendez's death. See UJI 14-203 NMRA 2002. Furthermore, it is the policy of this Court to construe its rules liberally so that causes on appeal may be determined on their merits. [6] Trujillo co-wrote several songs on the Down to Earth album. 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. Viewing the prosecutor's statements in the context of the individual facts and circumstances of this case, however, we do not find that they had such a persuasive and prejudicial effect on the jury's verdict that Defendant was deprived of a fair trial. The State responds to this argument by claiming that the prosecutor went to great pains to neutralize any bad feelings the jurors may have had about gangs and repeatedly cautioned the jury to judge the case only on its facts. At trial, the judge ruled that the State could introduce evidence relating to gang names and affiliation, but limited the scope and the purpose of the testimony so that it would only be admissible insofar as it's probative of motive, state of mind, intent, and those sorts of things. On direct examination, Ortiz testified that he grew up in Barelas and was basically born and raised in the gang. 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. Chris is survived by his loving wife Amber Trujillo and sons Jason(Chinche)Trujillo, Christopher(Cola)Trujillo and Ambrose(Chicken) Trujillo, mother LuAnna Bustamante, father Ted Trujillo, maternal grandmother Ramona Jaramillo, paternal grandmother Preddie Thompson, brother Dominic Trujillo and wife Katherine, nephew Julian Lucero, nieces Seryna Rodriguez, Alyssa Lucero Brandi Trujillo and Briana Trujillo all of Bernal, NM. We find that such evidence was inextricably part of the State's case. c***@lanl.gov. She was a beloved daughter, wife, mother, grandmother, great-grandmother, and a friend to many. Albuquerque, NM. {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. In both instances the objections were sustained, but no limiting instruction was requested. Because of my disposition of Defendant's evidentiary objection, I would not reach parts VII or X. we must avoid concentrating on the suppressed evidence in isolation. 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. 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. A. Contact us. Christopher Trujillo - Senior Advisor - US Army | LinkedIn BLOG; CATEGORIES. Attended New Mexico State University in Las Cruces, New Mexico, USA in (1998-2000). Baseball Sweeps Sunday Doubleheader With Fordham Suspect in 2012 murder, kidnapping takes plea deal - KOB.com {73} First, I am not persuaded that the requirements for admission under Rule 11-803(X) were satisfied. I'm networking with professionals in the fields of Digital Strategy, Marketing, and Web Development. Christopher passed away on month day 2001, at age 35 at death place, New Mexico. Sisters, Alpha Quill and Robert Tixer . {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. State v. Garcia, 114 N.M. 269, 275, 837 P.2d 862, 868 (1992). 27. Defendant was charged with conspiracy to commit depraved-mind murder on July 22, 1997. However, he did not object to the admission of this evidence on confrontation grounds, nor did he raise or allude to any general constitutional violations which would occur as a result of its admission. 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. Hours & Location. The essence of the dissent's argument on this point is that while one could reason that Ortiz would not have implicated a family member unless he believed it to be true, equally one could reason that he had a motive to shift the blame from his cousin to Defendant because of familial loyalty, fear of retaliation, and his presumed belief that his cousin would be less culpable. 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. Chris Trujillo - Agent - New York Life Insurance | ZoomInfo He claims that it was improper for the prosecutor to question Detective Shawn regarding his identification of the shooters. We do not address this argument since we have reversed Defendant's convictions as to all charges relating to shooting at a dwelling or occupied building. Trujillo, Casey Refine Your Search Results All Filters 1 Christopher A Trujillo, 50 Resides in Albuquerque, NM Lived In Rio Rancho NM, Ponderosa NM Attended New Mexico State University in Las Cruces, New Mexico, USA in (1998-2000). 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 closing the prosecutor made two references to Canas' statement: Let me take you to the balcony. Luciano Trujillo Obituary 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. 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. The fact that Ortiz most likely would view his cousin as being less culpable had he not fired the fatal shots significantly diminishes any circumstantial guarantee of trustworthiness based on the notion that people do not implicate family members unless believing it to be true. While counsel admitted at the November 9, 1998 hearing that he had not picked up those questionnaires, he specifically referred to them during voir dire, indicating that he had reviewed them. The State also presented evidence that there was a verbal exchange between Allison, Defendant and Mendez and that some gang identification prompted the shooting. Parties alleging fundamental error must demonstrate the existence of circumstances that shock the conscience or implicate a fundamental unfairness within the system that would undermine judicial integrity if left unchecked. State v. Cunningham, 2000-NMSC-009, 21, 128 N.M. 711, 998 P.2d 176. {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. Christopher Raymond Trujillo, 1970 - 2007 Christopher Raymond Trujillo was born on month day 1970, at birth place, District of Columbia. 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. See State v. Nieto, 2000-NMSC-031, 25, 129 N.M. 688, 12 P.3d 442 (finding expert testimony on defendant's gang affiliation and specific rituals and procedures of that gang was admissible to show defendant's alleged motive). {69} I would remand this case for a new trial. This is where Chris became interested in law enforcement. Trujillo | Obituaries | gpkmedia.com 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. Services will be as follows: May 24, 2021 will be a viewing from 1 to 3pm at Riverside Funeral Home in Santa Fe. Christopher John Trujillo Obituary - Tribute Archive It is true that the evidence tends to align itself with two different factual conclusions-that either Defendant or Allison shot and killed Mendez. 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. LUTCF, Registered Representative. 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. Robert Trujillo - Wikipedia We conclude, however, that the alleged instances of prosecutorial misconduct in this case do not rise to the level of reversible or fundamental error regardless of whether they are considered individually or cumulatively. {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. I concur in parts II, III(A), IV, V, VI, VIII, IX and XI. {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. He was a 1959 graduate of Valley High School (ABQ) and attended one year at UNM. 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. Shortly after the shots were fired, Ortiz ran after Mendez and found him lying face down in the alley. He is not prepared to proceed today, Your Honor. This comment was apparently made by the prosecutor in response to defense counsel's request for a one-day continuance. Ortega unequivocally testified that Defendant and Allison were the shooters, and the jury was given the opportunity to consider Ortiz's prior statement to that effect. 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. The appellate court has a duty to determine whether any rational jury could have found each element of the crime to be established beyond a reasonable doubt. State v. Garcia, 114 N.M. 269, 274, 837 P.2d 862, 867 (1992). 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). Thus, jurisdiction in this case is proper and we review Defendant's appeal on the merits. And after Javier said, I can go anywhere I want, Juaritos, what happened? 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? In other words, [t]he defendant must show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. Brazeal, 109 N.M. at 757-58, 790 P.2d at 1038-39 (quoting Strickland, 466 U.S. at 694, 104 S.Ct. Defendant has identified no prejudice resulting from any lack of preparedness, nor do we find any. 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 agreement need not be verbal, but may be shown to exist by acts which demonstrate that the alleged co-conspirator knew of and participated in the scheme. I conclude that Rule 11-803(X) does not provide a basis for admitting the statement. Similarly, the danger that Ortiz might have a faulty memory is not present here, because Ortiz gave his statement just hours after the shooting. We 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. 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. Thomas R. Sosa Sr. Obituary 2023 - Trujillo Family Funeral Home See State v. Deaton, 74 N.M. 87, 90, 390 P.2d 966, 968 (1964). PAMELA B. MINZNER, Justice (concurring in part, dissenting in part). Christopher Trujillo in New Mexico 283 people named Christopher Trujillo found in Albuquerque, Santa Fe and 6 other cities. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. As the Defendant himself concedes, [w]hen allowed to speak freely, Juan clearly testified that Charlie shot Javier and then Silly shot at him and Jesus. Rule 11-611(C) NMRA 2002 states: Leading questions should not be used on the direct examination of a witness except as may be necessary to develop the witness's testimony. In State v. Orona, 92 N.M. 450, 454, 589 P.2d 1041, 1045 (1979), the Court concluded that, under Rule 11-611(C), [d]eveloping testimony by the use of leading questions must be distinguished from substituting the words of the prosecutor for the testimony of the witness. The Court found that the trial court abused its discretion in such a manner as to violate principles of fundamental fairness after it permitted every word describing the alleged offense to come from the prosecuting attorney rather than from the witness. Copyright 2023, Thomson Reuters. Chris J Trujillo 's Record in 2020 Name 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. 2052, 80 L.Ed.2d 674 (1984). Christopher Trujillo - Organizer - Boulder Content Strategy - LinkedIn 2052). Experience . Brandon Trujillo in New Mexico Bernalillo County. Christopher John Trujillo was born on March 30, 1991. Make Changes for Christopher Trujillo 157139 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. The little guy then yelled at the four below, You guys think I'm joking, before shooting. Dec. 20, 2020: An open letter to my school family. One of the five men killed by Mexican soldiers was a 'cartel member' Detective Shawn's frustration that Ortiz was hiding the identity of the shooters is understandable. 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. Christopher Trujillo - IMDb The Art Of Craft: How 'Stranger Things' Production Designer Chris Chris Trujillo Agent, Farm Bureau Financial Services | Las Cruces NM Remembering Karen Trujillo: In her own words - Las Cruces Sun-News Id., 31. Judge Victor S. Lopez presiding. Defense counsel did not timely object to this line of questioning. {25} In order to convict Defendant of first-degree depraved-mind murder as a principal, the state had to prove beyond a reasonable doubt each of the following elements of the crime: (1)The defendant discharged a firearm several times from the balcony of an apartment dwelling; (2)The defendant's act caused the death of Javier Mendez; (3)The act of the defendant was greatly dangerous to the lives of others, indicating a depraved mind without regard for human life; (4)The defendant knew that his act was greatly dangerous to the lives of others; (5)This happened in New Mexico on or about the 3rd day of July, 1997. Leave a sympathy message to the family in the guestbook on this memorial page of . {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. 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.

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