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Prosecutors say he and Christopher Trujillo kidnapped and murdered Cindy near Bernal in 2012. Reputation Score: 0.83 - 1.98. 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. Looking for Chris Trujillo in Albuquerque, New Mexico? {23} Under a sufficiency of the evidence analysis, we must first determine whether substantial evidence of either a direct or circumstantial nature exists to support a verdict of guilt beyond a reasonable doubt with respect to every element essential to a conviction. State v. Sutphin, 107 N.M. 126, 131, 753 P.2d 1314, 1319 (1988). Defense counsel did not timely object to this line of questioning. Further, despite a brief reference to that rule, the trial court may not have admitted the statement on that basis. and studied at Brighton High School. at 691, 104 S.Ct. 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. art. And after Javier said, I can go anywhere I want, Juaritos, what happened? 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). Christopher Trujillo in New Mexico 283 people named Christopher Trujillo found in Albuquerque, Santa Fe and 6 other cities. He gave no testimony that shots were fired in any direction other than towards the four men standing at ground level. 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. 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. We find that such evidence was inextricably part of the State's case. Thus, jurisdiction in this case is proper and we review Defendant's appeal on the merits. He stated that Mendez answered, We could be anywhere we want, Juaritos, and immediately thereafter shots were fired down at them from the balcony. Dec. 20, 2020: An open letter to my school family. 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. {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. 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. {80} We have said-and as a general matter I agree-that we should defer to the discretion of the trial judge on evidentiary matters. If the acts of two or more persons contribute to cause death, each such act is a cause of death. 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. Although this description might help the police find the alleged perpetrators, I do not believe we ought to characterize it as a statement of identification under Rule 11-801(D)(1)(c), because in it Ortiz did not match any current suspect to the people he witnessed at the crime scene. 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. {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. {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. 27. at 560, 874 P.2d at 21 (quoting State v. Taylor, 103 N.M. 189, 197, 704 P.2d 443, 451 (Ct.App.1985)). Chris Trujillo's Phone Number and Email Last Update. 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. Sisters, Alpha Quill and Robert Tixer . There is no question that Mendez's death was caused by a depraved-mind act, the hail of bullets from the balcony. As a preliminary matter, we must first consider the question of whether Defendant preserved the confrontation issue for appellate review. Id. I disagree for three reasons. Herrera stated that his findings were consistent with other physical evidence that tended to demonstrate that the shots were fired only downward. He asserts that defense counsel's performance, viewed cumulatively, fell below that of a reasonably competent attorney and prejudiced his defense. 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. [A] non-jurisdictional claim not raised in the lower court is not properly reviewable on appeal. State v. Burdex, 100 N.M. 197, 201, 668 P.2d 313, 317 (Ct.App.1983) (finding defendant's constitutional claim of cruel and unusual punishment was not asserted at the trial court and was therefore not properly preserved for appeal because such a claim is non-jurisdictional).4 We therefore review Defendant's claim for fundamental error. 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. {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). 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. Click a location below to find Christopher more easily. 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. The evidence at trial revealed that shots were fired from an apartment balcony downward into a courtyard area. {86} In this case, the State was faced with an out-of-court statement that was almost, but not quite, a recorded recollection under 11-803(E), and was almost, but not quite, a statement of identification under Rule 11-801(D)(1)(c). A. See State v. Lopez, 2000-NMSC-003, 10, 128 N.M. 410, 993 P.2d 727. He claims that it was improper for the prosecutor to question Detective Shawn regarding his identification of the shooters. Chris Trujillo Agent, Farm Bureau Financial Services | Las Cruces NM {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). However, Detective Shawn testified that he believed Ortiz was generally telling the truth, but that he was withholding the actual names of the shooters and was only willing to give a physical description of them. This rule expressly requires that the proffered statement have equivalent circumstantial guarantees of trustworthiness. I believe that Ortiz had a motive to lie and therefore his statement lacked circumstantial guarantees and was inherently untrustworthy. We will review the memorials and decide if they should be merged. Our mandatory appellate jurisdiction is constitutional and is limited to [a]ppeals from a judgment of the district court imposing a sentence of death or life imprisonment. N.M. Const. Defense counsel requested the continuance because he claimed that he was so upset by the incident that he felt he could not proceed that day. In this case the person in the best position to gauge the candor of the out of court statement was Detective Shawn, who alone observed Ortiz's demeanor at the time of the interview. Thus, even assuming a reasonably competent attorney would have timely objected, Defendant has not demonstrated 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. Detective Shawn testified that Ortiz identified Defendant from a photo lineup as one of the shooters, but refused to have his response recorded on tape. In New Mexico, [w]hoever commits murder in the first degree is guilty of a capital felony. Section 30-2-1. We Are Available 24/7Albuquerque(505) 225-8282 | Santa Fe (505) 240-6663Live Chat. Defendant supports his argument with his counsel's own statement, If I would have been able to interview Jesus, put him under oath, we could have had a statement here So I've been thwarted in that. As noted above, Canas and Ortega were arrested and brought in on material witness warrants shortly before trial. Refine Your Search Results All Filters 1 Christopher A Trujillo, 50 Resides in Albuquerque, NM Lived In Rio Rancho NM, Ponderosa NM Detective Shawn's frustration that Ortiz was hiding the identity of the shooters is understandable. It could have gone either way, and again, the prejudice to the defendant, I just don't see it. We agree that viewed in the context of the entire record, there is nothing to indicate that had the July booking photograph been disclosed, the result of the proceeding would have been different. View Christopher Trujillo's profile on LinkedIn, the world's largest professional community. Inmate Profiles . Based on the evidence summarized below, we conclude the State met its evidentiary burden. 4. {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. 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). About. I therefore also concur in parts IV, VIII, IX and XI. 2052) (internal citation omitted). Under those circumstances, I am not persuaded that the reasons for the principle of deference apply. Chris Trujillo has been working as a Program Analyst at Los Alamos National laboratory for . 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. 3. 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. Evidence that may first appear to be quite compelling when considered alone can lose its potency when weighed and measured with all the other evidence, both inculpatory and exculpatory. This narrow interpretation of the rule has been rejected by a majority of circuits, and we decline to adopt it in our jurisdiction. Brandon Trujillo in New Mexico Bernalillo County. If counsel had questioned Ortega about this statement on the stand and he had denied making it, Defendant's theory of the case could have been weakened. Followed by a rosary at 7pm at Santa Rita Church in Bernal, NM. 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. 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 Christopher passed away on month day 2001, at age 35 at death place, New Mexico. You can view 1 entry, complete with personal details, location history, phone numbers, relatives and locations for Caitlyn Trujillo. {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). He was born and raised in Bernal, New Mexico to Ted Trujillo and LuAnna Bustamante. Christopher Trujillo. The jury had testimony from two other eyewitnesses, Ortiz and Ortega, that support its findings of guilt. {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. (citations omitted). Similarly, the danger that Ortiz might have a faulty memory is not present here, because Ortiz gave his statement just hours after the shooting. Lopez, 2000-NMSC-003, 9-21, 128 N.M. 410, 993 P.2d 727 (reviewing defendant's confrontation concerns after determining that the confrontation issue had been preserved at trial because defendant objected to his inability to cross examine or confront the witness). Colfax County, New Mexico, USA will be saved to your photo volunteer list. He earned his wings too soon on May 4, 2021. 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. Family and friends can send flowers and/or light a candle as a loving gesture for their loved one. {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. To get a behind-the-scenes glimpse, we chatted with the show's production designer, Chris Trujillo, about the filming locations that brought the horrors to lifeand some of the destinations'.