VI, 2. [6] Trujillo co-wrote several songs on the Down to Earth album. Learn more about merges. {77} In fact, the State introduced evidence of Ortiz's and Defendant's gang membership to explain why Ortiz may have lied at trial and to provide a motive for the quarrel. If a hearsay statement is similar to those defined by a specific exception but does not actually qualify for admission under that exception, these courts allow the statement to be considered for admission under the residual exception.). at 89, 390 P.2d at 967. The agreement need not be verbal, but may be shown to exist by acts which demonstrate that the alleged co-conspirator knew of and participated in the scheme. Chris Trujillo - Farm Bureau Financial Services - We make it simple to protect your family, home,. Attended New Mexico State University in Las Cruces, New Mexico, USA in (1998-2000). See the links below for more info. The State responds to this argument by claiming that the prosecutor went to great pains to neutralize any bad feelings the jurors may have had about gangs and repeatedly cautioned the jury to judge the case only on its facts. At trial, the judge ruled that the State could introduce evidence relating to gang names and affiliation, but limited the scope and the purpose of the testimony so that it would only be admissible insofar as it's probative of motive, state of mind, intent, and those sorts of things. On direct examination, Ortiz testified that he grew up in Barelas and was basically born and raised in the gang. 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). The Detective responded that Silly tried to sell him a gun, a .25 caliber. Defense counsel moved on with other questions and then moved for a mistrial, or in the alternative, for a curative instruction, after the jury was dismissed for the day, arguing that the statement was overly prejudicial. And do you see like pimples or acne scars on his face? Christopher Sam Trujillo. {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. Chris J Trujillo 's Record in 2020 Name Rule 11-804(A)(3) is simply the definition of unavailable that would apply to Ortiz and is not a ground for the admission of the statement. However, this conviction has been vacated, and Defendant has not demonstrated that had he timely challenged this indictment he would have been acquitted of his other convictions. I agree that Ortiz's fear of retaliation shows that he has valid reasons for being less than candid about his cousin's and Defendant's involvement in the shooting at trial. Majority Opinion, 58. 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. 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. We conclude that the alleged failings of counsel in this case do not result in ineffective assistance of counsel regardless of whether they are considered individually or cumulatively. We will review the memorials and decide if they should be merged. {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. 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. Read More . 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. 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. Pound was taken to the hospital and removed from. Elaine Trujillo is 69 years old today because Elaine's birthday is on 11/05/1953. 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. Because we find substantial evidence in the record to support Defendant's convictions, and because Defendant failed to demonstrate circumstances that shock the conscience or show a fundamental unfairness, we find no fundamental error. {43} Defendant also claims his trial attorney failed to question Ortega about his alleged statement to his friend Juan Landaras on the night of the shooting, that a third person, Little Guero, not Defendant, was the shooter and that counsel failed to challenge Ortega's conflicting identifications of the shooters. Q. Christopher Trujillo - Technical Coordinator - Region 9 Education Cooperative | LinkedIn Christopher Trujillo State of New Mexico - Region 9 Education Cooperative Technical Coordinator. However, at trial, after Ortiz had time to appreciate the danger of gang retaliation, and after testifying that it was unacceptable to rat out a gang member and that he or one of his family members could be killed for it, Ortiz changed his story and repeatedly stated that he could not recall the details of the shooting on July 3rd, which made the taped statement the most probative evidence on this point that could be procured through reasonable efforts. {61} Defendant next asserts that the multiple conspiracy charges and convictions violate the Double Jeopardy Clause where there was no evidence of any agreement, let alone separate agreements to support separate charges. By Jovita Trujillo -Los Angeles March 03, 2023 11:14 PM EST Michael Douglas is sharing insight into his activities on the golf course with his wife, Catherine Zeta-Jones. 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. {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). 2052). While we agree that the subjective beliefs of the declarant about legal culpability can be relevant in determining the admissibility of hearsay, see Torres, 1998-NMSC-052, 18, 126 N.M. 477, 971 P.2d 1267, Ortiz never testified as to what his subjective beliefs were and we refuse to engage in speculation on that point. Now, who was Charlie shooting at, if you know? 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. See Baca, 1997-NMSC-059, 24, 124 N.M. 333, 950 P.2d 776. No. 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. The Court stated that [t]he attempt to disarm [d]efendant, the elapse of time between the initial random shooting and the shot fired during the struggle, the apparent change in [d]efendant's intent when he stopped the random shooting and returned to his house, all lead us to conclude there was no evidence that [d]efendant's initial depraved-mind action caused the victim's death. Id. Gwyneth Paltrow and Chris Martin are among a small group of celebrity exes, that are still friends. . However, [e]vidence is material under Brady only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. State v. Baca, 115 N.M. 536, 541, 854 P.2d 363, 368 (Ct.App.1993) (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S.Ct. Email. 2023 a case was filed by Lucero Chris, in the jurisdiction of Bernalillo County. A. Similarly, the danger that Ortiz might have a faulty memory is not present here, because Ortiz gave his statement just hours after the shooting. She was born to Santiago Miranda and Magdalena Sanchez on February 25, 1928, in Albuquerque, New Mexico. Los Trujillo Map. 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. Thus, we do not address Defendant's double jeopardy argument. 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.

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