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. Email. The famous stars were married for over a decade until they split in . Refine Your Search Results All Filters 1 Christopher M Trujillo, 49 Resides in Las Vegas, NM Lived In Henderson NV, Las Vegas NV, Chula Vista CA, Virginia Beach VA {24} Depraved-mind murder is the killing of one human being by another without lawful justification or excuse, by any of the means with which death may be caused by any act greatly dangerous to the lives of others, indicating a depraved mind regardless of human life. Section 30-2-1(A)(3). Find out which cars have the lowest insurance rates, plus key factors that affect your car insurance premiums. 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. {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. Defendant in this case was sentenced to thirty years of imprisonment, with the judge explicitly providing that he be eligible for good time credit. {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). Men and women behind bars seeking letters on WriteAPrisoner. 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. Elisia Miranda Trujillo entered into life eternal on Friday, February 10, 2023, at the age of 94. 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. We therefore find no error. {21} Under these circumstances, we find that the taped statement and transcript were reliable and important for the jury to consider, as it went to the identity of the shooters. But what Detective Shawn found was consistent. Caitlyn Trujillo lives in Brush, CO Below are the results we could find for Caitlyn Trujillo. The defendant helped, encouraged or caused the crime to be committed. Rule 11-803(X) allows hearsay statements to be admitted if not specifically covered by any other hearsay exception so long as there are equivalent circumstantial guarantees of trustworthiness and the court determines that: (1)the statement is offered as evidence of a material fact; (2)the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and. However, Ortiz apparently could not recall more specific details of the shooting, including who fired the gun. Copyright 2023, Thomson Reuters. 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). 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. Counsel's failure to ask Ortega about this alleged inconsistent identification could have been a rational trial strategy. 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. Q. {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). Luciano (Lucky) (Caddy) Trujillo, 78, of Pojoaque, passed away on October 28, 2021 at his home in Nambe. He earned his wings too soon on May 4, 2021. Furthermore, both identified Defendant as one of the shooters from a photo lineup shown to them by Detective Shawn the night of the shooting. (citations omitted). On the night of the shooting, Ortega identified Defendant as one of the shooters from a photo array shown to him by Detective Shawn. {79} I also note that the detective who took Ortiz's statement felt that Ortiz was lying to him. 1 was here. Reputation Score: 0.83 - 1.98. 2052, 80 L.Ed.2d 674 (1984). WE CONCUR: PATRICIO M. SERNA, Chief Justice, and PETRA JIMENEZ MAES, Justice. Christopher Eric Trujillo was born on month day 1966, at birth place, New Mexico. View Chris Trujillo results in New Mexico (NM) including current phone number, address, relatives, background check report, and property record with Whitepages. Are you getting ready to buy a new car? {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. {20} Turning to the other three criteria required by the Rule, first, the statement was offered as evidence of a material fact-the identity of the shooters. Northern New Mexico College. 250 Harvard Rd, San Mateo, CA. It did not, however, satisfy the requirements of any of those exceptions. All rights reserved. Also brother Lawrence Trujillo and wife Leanne of Albuquerque, NM, and numerous aunts, uncles, cousins and friends. 3. He Was Born to Cathy Trujiilo and Anthony Suazo, Raised by his Grandparents in the small town Taos, New Mexico, USA. 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. See the links below for more info. We find that there was sufficient evidence for a rational jury to find beyond a reasonable doubt that Defendant helped, encouraged, caused, and intended the shooting which resulted in Mendez's death. The State initially proffered the out of court statements under Rule 11-803(E) NMRA 2002. Also known as: christopher.trujillo.961 Taco Bell Brighton High School Christopher currently lives in Brighton, CO. Christopher works at Taco Bell. In New Mexico the doctrine of cumulative error is strictly applied. Stills, 1998-NMSC-009, 51, 125 N.M. 66, 957 P.2d 51 (quoting State v. Martin, 101 N.M. 595, 601, 686 P.2d 937, 943 (1984)). {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. {59} Defendant next claims that the prosecutor improperly injected his own opinion during closing arguments on the definition of at for shooting at a dwelling or occupied building charges. See Lopez, 2000-NMSC-003, 10, 128 N.M. 410, 993 P.2d 727. Furthermore, just because the prosecutor thought defense counsel to be ineffective does not make it so. {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. of County Comm'rs v. McCulloh, 52 N.M. 210, 215, 195 P.2d 1005, 1008 (1948) (quoting State ex rel. Christopher John Trujillo was born on March 30, 1991. Attended New Mexico State University in Las Cruces, New Mexico, USA in (1998-2000). Sisters, Alpha Quill and Robert Tixer . Finally, the general purposes of these rules and the interests of justice will best be served by the admission of Ortiz's taped statement into evidence, as the circumstances surrounding the statement indicate trustworthiness equivalent to evidence admitted under the other hearsay exceptions. In those cases the defendants were not challenging their sentences as violations of the constitutional prohibition against cruel and unusual punishment, but rather were claiming that their sentences were illegal as not authorized under the applicable statute. The majority holding otherwise, I respectfully dissent. {2} Pursuant to Rule 12-102(A)(1) NMRA 2002, Defendant raises the following issues on appeal: (1) the admission of the tape and transcript of Joseph Ortiz's out-of-court statement violated Defendant's constitutional right to confrontation and due process because it was inadmissible impeachment and hearsay evidence; (2) his conviction for first-degree depraved-mind murder violated due process of law because sufficient evidence did not support the conviction on any theory; (3) Defendant was convicted of a crime that does not exist-conspiracy to commit depraved-mind murder; (4) there was no evidence that Defendant shot at a dwelling or occupied building; (5) Defendant's trial counsel's performance constituted ineffective assistance of counsel; (6) the prosecutor's acts of misconduct distorted the evidence on the issue of identification, depriving Defendant of due process and a fair trial; (7) the conspiracy charges and Defendant's convictions violate the Double Jeopardy Clause because there is no evidence of any agreement or agreements to support separate charges; (8) the above constitute cumulative error that denied Defendant due process and a fair trial; and (9) Defendant's sentence is disproportionate and in violation of the state and federal constitutional prohibitions against cruel and unusual punishment. {56} We agree that Detective Shawn's statements regarding Canas' identification of Defendant was improper hearsay testimony. 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. c***@lanl.gov. 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. I therefore also concur in parts IV, VIII, IX and XI. 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. Lucky was born in Pojoaque, New Mexico on August 12, 1943 to Luis Trujillo and Andalecia Archibeque. Defendant's argument on this point is two-fold: (1) the trial court's admission of the evidence violated Defendant's constitutional right to confront the witnesses against him; and (2) the trial court erred in ruling that the evidence was admissible. Two months later, on March 23, police say 35-year-old Trujillo beat and strangled Pound before staging the scene to look like a suicide attempt. Do you know how many shots Charlie fired? Inmates personal profiles, inmates legal profiles and inmate resumes. {46} Finally, Defendant argues that defense counsel's failure to challenge the indictment for conspiracy to commit depraved-mind murder, a non-existent crime, constituted per se ineffectiveness. During its discussion of Rule 11-803(X), the State recognized that it had not satisfied all of the requirements of the rule: I realize that notice should be given sufficiently in advance of trial to allow counsel to prepare, but I think the Court is well aware of the circumstances under which Mr. Ortiz has appeared here. Nancy Fontenot. {33} Defendant was charged and convicted of conspiracy to commit a first-degree depraved-mind murder. 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. 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. And do you see like pimples or acne scars on his face? I think you are stuck with the strategy there. 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. Liked by Christopher Trujillo Kevin Mitnick is known as the world's most famous hacker, and Riverbed's Vincent Berk is a highly experienced cybersecurity expert. Now, you said Charlie started shooting first. Ward v. Romero, 17 N.M. 88, 100, 125 P. 617, 621 (1912)). {1} Defendant Chris Trujillo was convicted of first-degree depraved-mind murder, conspiracy to commit first-degree depraved-mind murder, aggravated assault, conspiracy to commit aggravated battery, 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).1 The jury found Defendant not guilty of aggravated battery, aggravated assault, shooting at a dwelling or occupied building (great bodily injury), and shooting at a dwelling or occupied building (resulting in injury). 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. At that point the trial court allowed the witness to be led, and the direct examination continued with the prosecutor graphically describing sexual acts of defendant by way of leading questions, to each of which the witness gave a simple answer of yes. Id. The same motivation that influenced Ortiz to neglect to name the two men on the balcony would, I think, encourage him to shift the blame for the fatal shot from his cousin to Defendant. We have thousands of pen pals in prison to select from. Rather, relying on State v. Hernandez, 117 N.M. 497, 873 P.2d 243 (1994), Defendant argues that the State failed to prove that his actions caused Mendez's death, therefore failing to meet its burden as to the causation requirement. {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. This is where it happened, and that sounds like a consistent story and that comes from Canas and Iguado and Ortiz, you don't discount that and throw that out and try and derive the story if you're Detective Shawn . Q. 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. art. 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. See Martinez v. State, 108 N.M. 382, 383, 772 P.2d 1305, 1306 (1989). Verna Trujillo A Overview. We Are Available 24/7, Join in honoring their life - plant a memorial tree. 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). In this case the State appears to me to rely on this rule in a way the Court of Appeals rejected as contrary to its purpose. He gave no testimony that shots were fired in any direction other than towards the four men standing at ground level. In closing the prosecutor made two references to Canas' statement: Let me take you to the balcony. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. PAMELA B. MINZNER, Justice (concurring in part, dissenting in part). FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Gwyneth Paltrow and Chris Martin are among a small group of celebrity exes, that are still friends. at 89, 390 P.2d at 967. {35} Shooting at a dwelling or occupied building consists of willfully discharging a firearm at a dwelling or occupied building. Section 30-3-8(A) (emphasis added). In other words, if a statement is inadmissible under a prior hearsay exception, the statement may nonetheless be considered for admission under the catch-all exception. United States v. Earles, 113 F.3d 796, 800 (8th Cir.1997). Defendant argues that Javier, presumably, had long since turned and run, and in all likelihood had already been hit by the fatal bullet when Defendant began shooting. Faced with the possibility of gang retaliation, Ortiz might have felt pressure to give an incomplete or inaccurate description of the events. 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. 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. Now, who was Charlie shooting at, if you know? 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.