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. 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. 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. He was born and raised in Bernal, New Mexico to Ted Trujillo and LuAnna Bustamante. View Verna T. Background Search . He is a Taos High School graduate of (1998). RESET. He claims that it was improper for the prosecutor to question Detective Shawn regarding his identification of the shooters. {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. 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. 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. art. Defendant in this case was sentenced to thirty years of imprisonment, with the judge explicitly providing that he be eligible for good time credit. {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). Judge Victor S. Lopez presiding. Trujillo was a member of Ozzy Osbourne's band for a number of years starting in the late 1990s. Defendant specifically cites to two excerpts in the record that he claims were crucial to Defendant's conviction in which the prosecutor improperly elicited testimony on the issue of identification. Request Quote . Because we consider improperly admitted evidence when evaluating the sufficiency of the evidence on appeal, State v. Post, 109 N.M. 177, 181, 783 P.2d 487, 491 (Ct.App.1989), I agree that there is sufficient evidence supporting the conviction of depraved mind murder as a principal or as an accessory. We find there was sufficient evidence to convict Defendant of first-degree depraved-mind murder on either of these theories. 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. The majority holding otherwise, I respectfully dissent. Thus, we conclude that Detective Shawn's references to Canas' testimony were not sufficiently prejudicial to require a finding of fundamental error. {48} We next address Defendant's argument that the prosecutor engaged in prosecutorial misconduct that deprived him of a fair trial. {38} Defendant has the burden of showing ineffective assistance of counsel. See State v. Lopez, 2000-NMSC-003, 10, 128 N.M. 410, 993 P.2d 727. In this situation the use of Rule 11-803(X) seems contrary to its purpose, and allows the State to avoid the requirements of the hearsay rule and its normal exceptions. Mexico City. A. She is passionate about finding creative solutions to unconventional problems.<br><br>Carolina thrives in a highly dynamic work environment, by being adaptable and leveraging her technical and managerial skills. Accordingly, we respectfully disagree with the dissent's reasoning on this point. 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. 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 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. Invalid memorial . He took pride in everything he did and everything he did was for his sons. Copyright 2023, Thomson Reuters. 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. Christopher John Trujillo was born on March 30, 1991. 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. {11} Defendant's first argument is that the trial court erred by admitting the tape and transcript of Ortiz's out-of-court statements. {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). This narrow interpretation of the rule has been rejected by a majority of circuits, and we decline to adopt it in our jurisdiction. {6} Detective Doug Shawn, the officer assigned to the case, testified that he interviewed several eyewitnesses to the shooting, all of whom identified Defendant as one of the shooters and indicated that only one gun had been used. New Mexico Counties Filter by filled date. State v. Garcia, 114 N.M. 269, 275, 837 P.2d 862, 868 (1992). 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. 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. 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. Chris TRUJILLO, Defendant-Appellant. 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 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. Even assuming competent counsel would not have performed in such a manner, we do not find the necessary prejudice. Christopher Trujillo in New Mexico 283 people named Christopher Trujillo found in Albuquerque, Santa Fe and 6 other cities. 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. He is preceded in death by his great grandmother Flora Ortiz, grandfathers Johnny Bustamante, Manuel Trujillo, Luis Avitia, uncles Eric Bustamante, Mark Trujillo, aunts Elaine Whatley, Darlene Anaya and numerous other relatives. 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). There was nothing in his statement that indicated that any of the shots had been fired at any building. {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). Court & Arrest Records 1 was here. Chris Trujillo is an Agent at New York Life Insurance based in New York City, New York. A. The agreement may be established by circumstantial evidence. {50} Defendant first argues that the prosecutor engaged in misconduct by failing to disclose material evidence to the defense. The jury had before it evidence from two other eyewitnesses that identified Defendant as one of the shooters. 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. State v. Torres, 1998-NMSC-052, 18, 126 N.M. 477, 971 P.2d 1267 (agreeing that, in the analogous context of statements against penal interest, the subjective beliefs of the declarant about legal culpability are relevant to determining the admissibility of the hearsay). 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). The court must then determine whether, in light of all the circumstances, the identified acts or omissions were outside the wide range of professionally competent assistance. Strickland v. Washington, 466 U.S. 668, 690, 104 S.Ct. The trial court's determination of these questions will not be disturbed unless its ruling is arbitrary, capricious, or beyond reason. Id. Also brother Lawrence Trujillo and wife Leanne of Albuquerque, NM, and numerous aunts, uncles, cousins and friends. See Lopez, 2000-NMSC-003, 10, 128 N.M. 410, 993 P.2d 727. Regardless of who shot first, the evidence clearly supports an inference that Defendant helped, encouraged, caused, and intended that the shooting be committed. Looking for Chris Trujillo in Albuquerque, New Mexico? We will review the memorials and decide if they should be merged. Chris was a hard worker and established his company "All American Towing" in 2017. Chris was a. VI, 2. {55} Canas was arrested on a material witness warrant but was not interviewed by the defense and apparently fled the jurisdiction prior to trial. {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. Chris Trujillo - Farm Bureau Financial Services - We make it simple to protect your family, home,. Burial and reception will follow at 430 County Rd. I'm networking with professionals in the fields of Digital Strategy, Marketing, and Web Development. As to lack of candor, we find the fact that Ortiz was not a suspect in the shooting and therefore had no reason to shift blame away from himself, the fact that he implicated his own cousin, Allison, in his statement, and the fact that he likely placed himself and his family in grave danger by giving Detective Shawn a physical description of the shooters, make it less likely that Ortiz would have consciously lied to Detective Shawn about what he observed that night. On June 30, 2012, 19-year-old Cindy "Tig" Rivera left the home she shared with her father on Peggy Lee Lane in Las Vegas, New Mexico. At the start of trial a week later, Canas did not appear in court, and it was later learned that he had apparently fled to Colorado. He earned his wings too soon on May 4, 2021. I concur in parts II, III(A), IV, V, VI, VIII, IX and XI. {41} Defendant next argues that his trial counsel failed to review jury questionnaires prior to jury selection. {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. 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. Now, who was Charlie shooting at, if you know? 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. Defendant asserts that, as a result, the admissibility of this evidence should be reviewed de novo rather than for an abuse of discretion. 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. He also testified that he was unaware at the time of the interview that Ortiz and Allison were cousins. 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. We find that such evidence was inextricably part of the State's case. 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. 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). {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. Because I find none of the other rules relied upon by the State and the trial court persuasive, I would remand for a new trial and not allow the substantive use of the evidence. "I thought it was Sam Armstrong's best outing since he's been at ODU with 12 strikeouts no walks and six strong innings. Q. 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. 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. Elaine Trujillo is 69 years old today because Elaine's birthday is on 11/05/1953. Moreover, counsel did not draw the jury's attention to it, and it was not repeated by counsel or the prosecutor. 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. 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). Necessarily, there were other apartment buildings in the vicinity. Thus, we do not address Defendant's double jeopardy argument. Ortega testified that he heard someone on the balcony ask them what they were doing in their barrio-meaning the Barelas barrio-and that he was talking to Canas, Ortega and Mendez, all Juaritos. 3. The majority admits Ortiz's out of court statements under Rule 11-803(X) NMRA 2002. 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. {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. 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. He was born and raised in Bernal, New Mexico to Ted Trujillo and LuAnna Bustamante. Trujillo formerly served as founding director of the Office of Equity and Diversity at Northern New Mexico College since 2013, where she oversaw programming to address access and inclusion for historically underrepresented populations in higher education. Show on Map . 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.). Chris was a hard worker and established his company "All American Towing" in 2017. 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. He stated that he was beaten up by other gang members when he was ranked out because he was no longer hanging out with them. Now, you said Charlie started shooting first. LUTCF, Registered Representative. 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. 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. There is sufficient evidence to support findings that (1) Allison committed an act greatly dangerous to the lives of others, (2) knowing that the act created a risk of death or great bodily harm, which indicated a depraved-mind, without regard for the lives of others, (3) that Defendant helped him commit that act, and (4) that Defendant shared Allison's purpose or design. The evidence at trial revealed that shots were fired from an apartment balcony downward into a courtyard area. Questions Post Question Because Rule 11-803(X) requires an affirmative showing of such guarantees, I do not believe that it provides a basis for admitting this statement. 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]. I do believe it's appropriate to allow that. Services will be as follows: May 24, 2021 will be a viewing from 1 to 3pm at Riverside Funeral Home in Santa Fe. 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.
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