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. 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. See UJI 14-340 NMRA 2002. 2. Four members of the army were placed under arrest Thursday and each face homicide, bodily injury and . Thus, jurisdiction in this case is proper and we review Defendant's appeal on the merits. Regardless of who shot first, the evidence clearly supports an inference that Defendant helped, encouraged, caused, and intended that the shooting be committed. However, we conclude that these references to Canas' statement did not deprive Defendant of a fair trial. State v. Garcia, 114 N.M. 269, 275, 837 P.2d 862, 868 (1992). Because of our disposition of Defendant's convictions for conspiracy to commit depraved-mind murder and conspiracy to commit shooting at a dwelling or occupied building, the only remaining conspiracy conviction is conspiracy to commit aggravated battery. Contact us. As a result, the prosecutor played the tape of an interview between Ortiz and Detective Shawn conducted a few hours after Mendez was killed. We have thousands of pen pals in prison to select from. Reputation Score: 0.83 - 1.98. VI, 2. 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. 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. Request Quote (575) 556-8526. State v. Ross, 1996-NMSC-031, 122 N.M. 15, 20, 919 P.2d 1080, 1085. However, Ortiz apparently could not recall more specific details of the shooting, including who fired the gun. On May 25 {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. Furthermore, just because the prosecutor thought defense counsel to be ineffective does not make it so. 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. Chris Trujillo has been working as a Program Analyst at Los Alamos National laboratory for . We affirm Defendant's convictions for first-degree depraved-mind murder and conspiracy to commit aggravated battery. While we agree that the rule cannot be used to supply the missing elements to admit evidence which almost, but not quite, meets the requirements of another specific exception, it can be used to admit out-of-court statements that otherwise bear indicia of trustworthiness equivalent to those other specific exceptions. He asserts that defense counsel's performance, viewed cumulatively, fell below that of a reasonably competent attorney and prejudiced his defense. {64} Lastly, Defendant claims that his thirty year sentence constitutes cruel and unusual punishment in violation of the Eighth Amendment to the United States Constitution and Article II, Section 13 of the New Mexico Constitution. 1655 La Fonda Dr Las Cruces, NM 88001-3904 Directions. None appears to support the use of Ortiz's interview with the police. 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. Thus, I concur in parts II, III(A), V, and VI. 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. 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. Accordingly, we find that the trial court did not abuse its discretion when it denied Defendant's motion to dismiss for prosecutorial misconduct based on these two discovery violations. This Court has recognized four primary dangers of hearsay which can potentially make a hearsay statement unreliable. 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.). And after Javier said, I can go anywhere I want, Juaritos, what happened? 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). (emphasis omitted). Q. Watch me LIVE every Wednesday & Thursday . She told him that she was going to be back in a few. He claims that it was improper for the prosecutor to question Detective Shawn regarding his identification of the shooters. On May 25, 2021 a funeral service will be held at 10am by Father George Salazar at Santa Rita Church in Bernal, NM. {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). See State v. Sanchez, 112 N.M. 59, 65, 811 P.2d 92, 98 (Ct.App.1991) (In ruling upon the admissibility of the statement the trial court does not determine the ultimate questions of the declarant's credibility; instead, this is the province of the jury); see also UJI 14-5020 NMRA 2002. See Sutphin, 107 N.M. at 131, 753 P.2d at 1319. He earned his wings too soon on May 4, 2021. While counsel admitted at the November 9, 1998 hearing that he had not picked up those questionnaires, he specifically referred to them during voir dire, indicating that he had reviewed them. {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). Copyright 2023, Thomson Reuters. Accordingly, we conclude that the prosecutor's leading questions did not constitute fundamental error. {31} Ortega testified at trial that he and fellow Juaritos Maravilla gang members were asked what they were doing in the Barelas barrio by people standing on a second-floor apartment balcony. {32} Defendant is liable for the crime of first-degree depraved-mind murder whether or not he fired the fatal shot. Description: CRIMINAL SEXUAL CONTACT 4TH DEGREE (D-202-CR-2012-03796) Arrest facts in New Mexico. However, the court then released the two men, unsure of its authority to keep holding them in detention. Dec. 20, 2020: An open letter to my school family. This is where Chris became interested in law enforcement. 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. Trujillo v. Sullivan, 815 F.2d 597, 613 (10th Cir.1987). 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.) 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. We conclude that Defendant's gang membership was undisputed by the defense and that the State used evidence of gangs to the extent that it was relevant to its case. Email. Refine Your Search Results All Filters 1 Christopher A Trujillo, 50 Resides in Albuquerque, NM Lived In Rio Rancho NM, Ponderosa NM 20 plus years experiencce in design and project management of architectural projects, including residential, retail, hospitality, healthcare, entertainment and places of worship. Learn more about merges. Such deference, however, has less force in this case, where it is less than clear from the record that the trial court relied upon Rule 11-803(X) in its ruling. 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. Pursuant to NMSA 1978, 30-2-1(A)(3) (1994) (first-degree depraved-mind murder); 30-2-1(A)(3) and NMSA 1978, 30-28-2(B)(1) (1979) (conspiracy to commit first-degree depraved-mind murder); NMSA 1978, 30-3-2(A) (1963) and NMSA 1978, 31-18-16 (1993) (aggravated assault); NMSA 1978, 30-3-5(A) & (C) (1969) and NMSA 1978, 30-28-2(B)(3) (1979) (conspiracy to commit aggravated battery); NMSA 1978, 30-3-8(A) (1993) and NMSA 1978, 30-28-2(B)(2) (1979) (conspiracy to commit shooting at a dwelling or occupied building (great bodily harm)); 30-3-8(A) and 30-28-2(B)(3) (conspiracy to commit shooting at a dwelling or occupied building (resulting in injury)); 30-3-8 (shooting at a dwelling or occupied building (no injury)); and 30-3-8(A) and 30-28-2(B)(3) (conspiracy to commit shooting at a dwelling or occupied building (no injury)). And then who took the gun away from Charlie? On the stand Ortiz stated that he could not recall the particular details of the crime. In this case Ortiz described seeing a big guy and a little guy. He also described what each was wearing and told how the big guy asked for the gun, but the little guy did not want to give it to him. He is a Taos High School graduate of (1998). The only question for the jury was who was responsible for the bullets that struck and killed him. As noted above, Mendez then responded, we can go anywhere we want, Juaritos. We find that the passing of the gun between Allison and Defendant and the evidence of a verbal conflict between the competing gang members immediately preceding the shooting is sufficient evidence for a rational jury to find beyond a reasonable doubt that either by words or acts there was an agreement to shoot at the men located below the balcony with a deadly weapon. As a preliminary matter, we must first consider the question of whether Defendant preserved the confrontation issue for appellate review. Id. 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'. On November 13, 1997, this Court filed its opinion in Baca, 1997-NMSC-059, 51, 124 N.M. 333, 950 P.2d 776, holding that conspiracy to commit depraved-mind murder is not a cognizable crime in New Mexico. Chris Trujillo is a provider established in Albuquerque, New Mexico and his medical specialization is Pharmacist. Show on Map . Experience . {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. Main navigation. The little guy then yelled at the four below, You guys think I'm joking, before shooting. {69} I would remand this case for a new trial. As a result of this argument, shots were fired from the upstairs balcony at a downward angle, killing Mendez and wounding Canas. at 89, 390 P.2d at 967. Hours & Location. In order to find that the trial court abused its discretion in admitting the tape and transcript of Ortiz's interview with Detective Shawn, we must conclude that the trial court's decision was obviously erroneous, arbitrary or unwarranted. State v. Brown, 1998-NMSC-037, 39, 126 N.M. 338, 969 P.2d 313 (quoting State v. Stills, 1998-NMSC-009, 33, 125 N.M. 66, 957 P.2d 51). There was nothing in his statement that indicated that any of the shots had been fired at any building. We review each of Defendant's allegations of prosecutorial misconduct individually in addition to considering their cumulative effect. {72} I would, however, remand for a new trial because I believe for the following reasons that the admission of the tape and transcript of Joseph Ortiz's interview with the police was reversible error. Search Inmate Profiles (MOST POPULAR) On the other hand, both facts also argue that the statement he gave was less than candid. Select the best result to find their address, phone number, relatives, and public records. 11/21/2022 11:53 PM. 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. 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. Rule 11-613(B) would allow, in this case, for the impeachment of Ortiz with extrinsic proof of those out-of-court statements, but would not allow them to come in for substantive purposes. The fact that Ortiz most likely would view his cousin as being less culpable had he not fired the fatal shots significantly diminishes any circumstantial guarantee of trustworthiness based on the notion that people do not implicate family members unless believing it to be true. Family and friends can send flowers and/or light a candle as a loving gesture for their loved one. Organizers became used to getting 100 requests per day, but saw it go down to 20 requests because the government increased its food aid, she said. GENE E. FRANCHINI, Justice (concurring in part, dissenting in part). Christopher Raymond Trujillo, 1970 - 2007 Christopher Raymond Trujillo was born on month day 1970, at birth place, District of Columbia. Pallbearers: Dominic Trujillo, Raymond Bustamante, Sebastian Bustamante, Matthew Dimas, Lawrence Trujillo, George Bustamante, Sara Anaya and Anthony Trujillo.