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{75} It is true that Ortiz's statement did implicate his own cousin, and one could reason that Ortiz would not implicate a family member with a statement unless he believed it to be true. See the links below for more info. Prison pen pals seeking friendship. Q. He was born in Los Padilla's, New Mexico to Alfonso and Valentina Sosa, who proceeded him in death. Christopher John Trujillo was born on March 30, 1991. Brandon Trujillo - New Mexico. B26A. Request Quote . I concur in parts II, III(A), IV, V, VI, VIII, IX and XI. {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. A. We find no evidence to suggest that defense counsel purposely elicited the Detective's answer, or could have known it was coming. 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 . Defendant's reliance on these cases is misplaced. Nancy Fontenot. Defendant in this case was sentenced to thirty years of imprisonment, with the judge explicitly providing that he be eligible for good time credit. The prosecutor sought to show that Ortiz was aligned with the Barelas, not the Juaritos Maravilla gang. (citations omitted). However, [a]n error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment. Id. Christopher Trujillo in New Mexico 283 people named Christopher Trujillo found in Albuquerque, Santa Fe and 6 other cities. Chris TRUJILLO, Defendant-Appellant. Select the best result to find their address, phone number, relatives, and public records. Alejandro Trujillo was one of five men who were shot dead by soldiers in Nuevo Laredo, Mexican. . Leave a sympathy message to the family in the guestbook on this memorial page of . {16} The trial court found the statement admissible under Rule 11-803(X), and we conclude that it did not abuse its discretion by admitting Ortiz's statement under this Rule. Entering his junior year, the Auburn commit has a career on-base percentage of .512 in more than 50 games at the varsity level. {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. 2052, 80 L.Ed.2d 674 (1984). We agree. None of those factors is present in this case. Also known as: christopher.trujillo.961 Taco Bell Brighton High School Christopher currently lives in Brighton, CO. Christopher works at Taco Bell. 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. Necessarily, there were other apartment buildings in the vicinity. {50} Defendant first argues that the prosecutor engaged in misconduct by failing to disclose material evidence to the defense. {36} It is the absence of evidence on this point that convinces us that Defendant did not willfully discharge the gun at a dwelling or occupied building or agree with another person to commit such a crime. We Are Available 24/7, Join in honoring their life - plant a memorial tree. {12} Defendant first argues that the admission of the tape and transcript of Ortiz's out-of-court statement violated his right to confront the witness against him under the Sixth Amendment to the United States Constitution as applied to the States by the Fourteenth Amendment, and under Article II, Section 14 of the New Mexico Constitution. He stated that Mendez answered, We could be anywhere we want, Juaritos, and immediately thereafter shots were fired down at them from the balcony. Click a location below to find Christopher more easily. Copyright 2023, Thomson Reuters. 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. Northern New Mexico College. Read More Contact Chris Trujillo's Phone Number and Email Last Update 11/19/2022 5:44 PM Email c***@newyorklife.com Ortega again identified Defendant at trial as the second shooter. Followed by a rosary at 7pm at Santa Rita Church in Bernal, NM. Sisters, Alpha Quill and Robert Tixer . It also provides a plausible explanation for a less than candid statement to the police about that quarrel. 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. Are you getting ready to buy a new car? However, the court then released the two men, unsure of its authority to keep holding them in detention. Get contact info, address & run background checks for Elaine Trujillo. 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. Defendant argues that the only evidence presented at trial suggesting that he was the one who shot directly at Mendez was improperly before the court and that no evidence supports the finding that Defendant intended that Allison shoot Mendez or that he encouraged him to shoot. 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. . 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. The dissent cites to no authority to support its conclusion that less deference is due when the trial court admits evidence under a rule that it did not principally rely on, and without some contrary authority, we believe we are obligated to review the trial court's ruling under the well-established abuse of discretion standard. We are not persuaded that Defendant was merely present during the shooting. The little guy then yelled at the four below, You guys think I'm joking, before shooting. {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. It did not, however, satisfy the requirements of any of those exceptions. {81} In response to these arguments, the trial court initially indicated that the statement was admissible as a combination of Rule 11-801(D)(1)(c) and 11-803(E). We have thousands of pen pals in prison to select from. 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. See Baca, 1997-NMSC-059, 51, 124 N.M. 333, 950 P.2d 776. I'm a Content Strategist focused on Information Architecture and Digital Distribution Design. 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. {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. Defendant also does not dispute that he knew this act was greatly dangerous to the lives of others. The United States Supreme Court has held that the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution. Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. I respectfully dissent from part III(B). {4} Ortiz, Allison's cousin, was a former Barelas gang member who had been ranked out and was apparently no longer welcome in the area. He was born and raised in Bernal, N.M., to Ted Trujillo and LuAnna Bustamante. {73} First, I am not persuaded that the requirements for admission under Rule 11-803(X) were satisfied. Based on the evidence summarized below, we conclude the State met its evidentiary burden. I therefore respectfully dissent from part III(B). The majority holding otherwise, I respectfully dissent. New Mexico State Police now say Rivera, who was 19 years old at the time, was kidnapped and killed by her ex-husband, Christopher Trujillo, with the help of his cousin Anselmo "Chemo" Ortiz. 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. 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. Under those circumstances, I am not persuaded that the reasons for the principle of deference apply. The defendant helped, encouraged or caused the crime to be committed. Defendant's case did not go to trial until November 9, 1998, leaving counsel nearly a year to challenge the indictment for this crime. 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. And do you see like pimples or acne scars on his face? In closing the prosecutor made two references to Canas' statement: Let me take you to the balcony. See Baca, 1997-NMSC-059, 24, 124 N.M. 333, 950 P.2d 776. Rather, we must place it in the context of the entire record. Stevens said any time SNAP benefits increased since the pandemic began in 2020, the number of requests for care packages went down. 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. The court indicated that as to the identity of the shooter, Defendant was not prejudiced because Canas could have testified that the shooter was bald, but at the same time he may have elicited information that that bald person's name was Silly [Defendant's alias]. c***@lanl.gov. Add new skills with these courses The trial court's determination of these questions will not be disturbed unless its ruling is arbitrary, capricious, or beyond reason. Id. Click a location below to find Christopher more easily. However, as Defendant did not raise this issue below, it was not properly preserved for appellate review. Even assuming competent counsel would not have performed in such a manner, we do not find the necessary prejudice. However, the following excerpt preceded both of those identified by Defendant and clearly demonstrates that Ortega identified the Defendant as the second shooter without improper testimony from the prosecutor: Q. Chris Trujillo's Phone Number and Email Last Update. According to Ortiz's statement, after Defendant resisted Allison's request for the gun, Defendant told the four down below, You guys think I'm joking, and began shooting. 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. 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. {84} We have already noted in the related case State v. Allison, 2000-NMSC-027, 30, 129 N.M. 566, 11 P.3d 141, that Rule 11-803(E) is not a proper ground for the admission of this statement. Christopher Trujillo in New Mexico We found 66 records for Christopher Trujillo in Roswell, Albuquerque and 18 other cities in New Mexico. This Court's mandatory appellate jurisdiction is not based on a prison sentence to a term of years, nor is it based on a first-degree murder conviction. Trujillo, Casey Similarly, the danger that Ortiz might have a faulty memory is not present here, because Ortiz gave his statement just hours after the shooting. Despite Defendant's objections, the court admitted the evidence pursuant to Rules 11-803(E), 11-803(X), 11-804(A)(3), and 11-612 NMRA 2002. Elisia Miranda Trujillo entered into life eternal on Friday, February 10, 2023, at the age of 94. 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. 2023 a domestic/family case was filed by Trujillo . 2052. {29} Defendant may also have been convicted of first-degree depraved-mind murder as an accessory to the crime. Prosecutorial misconduct rises to the level of fundamental error when it is so egregious and had such a persuasive and prejudicial effect on the jury's verdict that the defendant was deprived of a fair trial. 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. 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. Ashley Lynae Trujillo Home US States New Mexico Bernalillo County, NM Brandon Trujillo. 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. 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. Faced with the possibility of gang retaliation, Ortiz might have felt pressure to give an incomplete or inaccurate description of the events. Evidence that supports two contradictory inferences is properly said to have proved neither. 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. As you look at Silly here in the courtroom today, is his skin-the skin on his face the same or different than it was back then? I conclude that Rule 11-803(X) does not provide a basis for admitting the statement. {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. {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. On cross-examination, Detective Shawn testified that at the time of the interview he felt that Ortiz knew who the shooters were but was concealing their identity. Request Quote (575) 556-8526. See UJI 14-340 NMRA 2002. Although the statement may have had some prejudicial effect, Defendant has not demonstrated that had this statement not come in, the result of the proceeding would have been different. See State v. Deaton, 74 N.M. 87, 90, 390 P.2d 966, 968 (1964). This Constitutional provision is buttressed by Rule 12-102(A)(1) and NMSA 1978, 34-5-8(A)(3) (1983) which reiterate this limitation to our jurisdiction. Judge Victor S. Lopez presiding. Q. Second, the statement was more probative of the identity of the shooters than any other evidence the State could procure through reasonable efforts-in Ortiz's taped statement he indicated that there was a big guy wearing black jeans and a black t-shirt, presumably Allison, and a little guy wearing light blue jeans and a striped shirt, presumably Defendant, on the balcony and that the little guy did the shooting. (3)the general purposes of these rules and the interests of justice will best be served by admission of the statement into evidence. 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. However, we conclude that these references to Canas' statement did not deprive Defendant of a fair trial. Defendant did object when the prosecutor asked the Detective about the witnesses' descriptions of Defendant's acne and during the prosecutor's attempt to have the Detective testify as to Canas' identification of Defendant from the photo array. Detective J.D. According to our new study, State of Contact Center Conversation Intelligence 2022, 48% . Christopher Trujillo - Technical Coordinator - Region 9 Education Cooperative | LinkedIn Christopher Trujillo State of New Mexico - Region 9 Education Cooperative Technical Coordinator. Dissent 79. Hours & Location. I'm networking with professionals in the fields of Digital Strategy, Marketing, and Web Development.