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{69} I would remand this case for a new trial. View Verna T. Background Search . Defendant was charged with conspiracy to commit depraved-mind murder on July 22, 1997. Chris J Trujillo 's Record in 2020 Name He took pride in everything he did and everything he did was for his sons. {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. Finally, we find there was little danger that Ortiz misjudged, misinterpreted, or misunderstood what he saw that evening because there were no impediments to his perception and because he was present throughout the event. No. 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). 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. 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. He also asserts that no evidence showed that Defendant knew anything about Allison's intentions or that he encouraged Allison to shoot Mendez. 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. An isolated, minor impropriety ordinarily is not sufficient to warrant reversal, because a fair trial is not necessarily a perfect one. Allen, 2000-NMSC-002, 95, 128 N.M. 482, 994 P.2d 728 (internal quotation marks and citations omitted). Defense counsel told the court that he was not aware that Ortega and Canas had been arrested on material witness warrants until some time after the two had been arrested, but that he and the prosecutor did conduct an interview with Ortega which eventually broke down due to animosity between the lawyers. [6] Trujillo co-wrote several songs on the Down to Earth album. {40} Defendant first argues that even the State in this case acknowledged from the outset that his counsel was ineffective, stating: What you have here is ineffectiveness of counsel crusading as someone who wants to disqualify me from participation in this case. All dates selected Filter by filing date. Colfax County, New Mexico, USA will be saved to your photo volunteer list. His fear could have had the same effect on his statement to the police. This is where Chris became interested in law enforcement. {54} Defendant next argues that the prosecutor improperly elicited damaging hearsay testimony on the issue of identification. Exercising this discretion, the trial court sentenced Defendant to a term of THIRTY (30) YEARS, BUT NOT LIFE for his first-degree murder conviction. {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. 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. {58} Ortiz's former, or current, membership in the Barelas gang was important for two reasons. A reviewing court must view the evidence in the light most favorable to the state, resolving all conflicts therein and indulging all permissible inferences therefrom in favor of the verdict. Id. 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). 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. Ortiz, however, did have a motive to shift the blame for the fatal shot from his cousin to Defendant, assuming-as I think we can-that Ortiz was aware that eyewitnesses put both his cousin and Defendant on the balcony, and assuming familial loyalty to his cousin. Detective Shawn stated that on the night of the shooting Ortega identified Defendant as one of the shooters from a photo lineup and that he recorded this identification. It is true that the evidence tends to align itself with two different factual conclusions-that either Defendant or Allison shot and killed Mendez. Christopher John Trujillo was born on March 30, 1991. Email. He also testified that he was unaware at the time of the interview that Ortiz and Allison were cousins. {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. Domestic space is described as a place of safety, security, and . cemeteries found within miles of your location will be saved to your . Defendant invoked this Court's mandatory appellate jurisdiction based on his first-degree murder conviction and because he was sentenced to thirty years in prison. Christopher Trujillo - Technical Coordinator - Region 9 Education Cooperative | LinkedIn Christopher Trujillo State of New Mexico - Region 9 Education Cooperative Technical Coordinator. Defendant's case did not go to trial until November 9, 1998, leaving counsel nearly a year to challenge the indictment for this crime. 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. The State has an affirmative duty to disclose any material evidence favorable to the defendant which the state is required to produce under the due process clause of the United States Constitution. Rule 5-501(A)(6) NMRA 2002. 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. STATE of New Mexico, Plaintiff-Appellee, v. Chris TRUJILLO, Defendant-Appellant. 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. He then testified that all three identified both Allison and Defendant as the shooters and that they had all told him that only one gun was used. 2052. 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. {79} I also note that the detective who took Ortiz's statement felt that Ortiz was lying to him. 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. During his argument to the court, defense counsel discussed what Canas had told Detective Shawn and argued that Canas' statement that the shooter was bald was exculpatory because his client had short hair. There, after the witness stated that she could not recall exactly what happened, the prosecutor, over instruction from the court, lead the witness with the only evidence adduced at trial which would support the charge of criminal sexual penetration in the first-degree. Evidence that supports two contradictory inferences is properly said to have proved neither. View Chris Trujillo results in New Mexico (NM) including current phone number, address, relatives, background check report, and property record with Whitepages. Learn more about merges. 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. US States (36975K) . 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. There is no question that Mendez's death was caused by a depraved-mind act, the hail of bullets from the balcony. Faced with the possibility of gang retaliation, Ortiz might have felt pressure to give an incomplete or inaccurate description of the events. The State concedes that this conviction must be vacated because this Court has explicitly held that this is not a cognizable crime in New Mexico. Rule 12-216(B)(2) NMRA 2002 (This [preservation] rule shall not preclude the appellate court from considering in its discretion, questions involving: fundamental error or fundamental rights of a party.); see State v. Allen, 2000-NMSC-002, 95, 128 N.M. 482, 994 P.2d 728. 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 buried on month day 2001, at burial place. 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. Christopher passed away on month day 2001, at age 35 at death place, New Mexico. 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. Christopher Trujillo. 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. {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). Why WriteAPrisoner? 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. {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 any event, we do not agree that Detective Shawn is the person in the best position to gauge the candor of Ortiz's statement. Prosecutors say he and Christopher Trujillo kidnapped and murdered Cindy near Bernal in 2012. Further, despite a brief reference to that rule, the trial court may not have admitted the statement on that basis. In this vein, Ortiz's ranking out of the Barelas gang certainly provided a plausible explanation for the start of the quarrel. Based on these facts, we find that there are equivalent circumstantial guarantees of trustworthiness to make this statement admissible under Rule 11-803(X) and conclude that the trial court's determination that the evidence was admissible was not erroneous, arbitrary, or unwarranted.