Q. He Then left school to pursue his dream in the Arts. 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. Della Gonzales also testified that she heard the noise of the bullets from a nearby apartment but that she did not hear the noise of bullets striking a surface or building. The defendant intended that the crime be committed; 3. The NPI number of Chris Trujillo is 1578830162 and was assigned on November 2011. Christopher John Trujillo was born on March 30, 1991. Because Defendant did not properly preserve the following issues for appellate review, we review them for fundamental error. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. But what Detective Shawn found was consistent. {67} For the reasons stated above, 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). {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). All rights reserved. Moreover, Defendant did not demonstrate that had his counsel moved for a continuance until Canas could be located, the motion would have been granted. {57} Defendant also asserts that the prosecutor repeatedly asked Ortiz inflammatory and irrelevant questions about his experiences as a gang member and his fear of retaliation, serving to arouse the jurors' prejudices and make Defendant look guilty by association. 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. 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). 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. And then who took the gun away from Charlie? Mexico City. Court & Arrest Records Defendant's argument on this point is two-fold: (1) the trial court's admission of the evidence violated Defendant's constitutional right to confront the witnesses against him; and (2) the trial court erred in ruling that the evidence was admissible. The evidence at trial revealed that shots were fired from an apartment balcony downward into a courtyard area. She was born to Santiago Miranda and Magdalena Sanchez on February 25, 1928, in Albuquerque, New Mexico. He was born and raised in Bernal, New Mexico to Ted Trujillo and LuAnna Bustamante. {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). Learn more about FindLaws newsletters, including our terms of use and privacy policy. {21} Under these circumstances, we find that the taped statement and transcript were reliable and important for the jury to consider, as it went to the identity of the shooters. Why WriteAPrisoner? As a preliminary matter, we must first consider the question of whether Defendant preserved the confrontation issue for appellate review. Id. 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. Christopher Trujillo - Technical Coordinator - Region 9 Education Cooperative | LinkedIn Christopher Trujillo State of New Mexico - Region 9 Education Cooperative Technical Coordinator. In that case, we found that the defendant's depraved-mind acts of shooting toward two people at two different times were distinguishable and separate from the shot which actually killed the victim. 11 (quoting State v. Ross, 1996-NMSC-031, 122 N.M. 15, 22, 919 P.2d 1080, 1087) (internal quotation marks omitted). 1. Necessarily, there were other apartment buildings in the vicinity. We therefore 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). However, Ortiz apparently could not recall more specific details of the shooting, including who fired the gun. He earned his wings too soon on May 4, 2021. Although it appears that defense counsel did not interview Ortega prior to opening statements, the court noted that it would allow counsel to finish interviewing him before he took the stand. We review each of Defendant's allegations of ineffective assistance of counsel individually in addition to considering their cumulative effect. Attended New Mexico State University in Las Cruces, New Mexico, USA in (1998-2000). Click a location below to find Christopher more easily. According to our new study, State of Contact Center Conversation Intelligence 2022, 48% . 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. {49} When an issue of prosecutorial misconduct is properly preserved by a timely objection at trial, we review the trial court's ruling on this issue under the deferential abuse of discretion standard because the trial court is in the best position to evaluate the significance of any alleged prosecutorial errors. State v. Duffy, 1998-NMSC-014, 46, 126 N.M. 132, 967 P.2d 807. Defendant's case did not go to trial until November 9, 1998, leaving counsel nearly a year to challenge the indictment for this crime. Her desire to . {5} Ortega testified that someone on the balcony asked the four men what they were doing in the Barelas neighborhood and that Mendez responded, We could be anywhere we want, Juaritos. Immediately thereafter shots were fired down at them from the balcony. He was a 1959 graduate of Valley High School (ABQ) and attended one year at UNM. VI, 2. 11/21/2022 11:53 PM. 2052). All dates selected Filter by filing date. {10} It is the duty of this court to interpret the various provisions of the Constitution to carry out the spirit of that instrument. Bd. 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. 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. As you look at Silly here in the courtroom today, is his skin-the skin on his face the same or different than it was back then? 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. ALBUQUERQUE, N.M. (KRQE) - Carlos Trujillo enjoyed football and wrestling as a kid growing up in Albuquerque but he needed something with more juice. The practitioner's primary taxonomy code is 183500000X with license number RP00007033 (NM). The statement was thus specifically covered by [some] of the foregoing exceptions Rule 11-803(X). Chris J Trujillo worked as a Pharmacist for the State of New Mexico and in 2020 had a reported pay of $38.66/HR according to public records. See Martinez v. State, 108 N.M. 382, 383, 772 P.2d 1305, 1306 (1989). Verna Trujillo A in 2018 was employed in Northern New Mexico College and had a reported pay of $27,475 according to public records. The fact finder can reject the defendant's version of an incident. State v. Vigil, 87 N.M. 345, 350, 533 P.2d 578, 583 (1975). 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. 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. Nearly 24% of New Mexicans rely on SNAP, the highest rate in the . The State asserts without discussion, and without citing to any evidence in the record, that Defendant willfully discharged the gun at an occupied apartment building. Viewing the evidence in the light most favorable to the State, resolving all conflicts and indulging all permissible inferences to uphold a verdict of conviction, we find that there was no evidence to support the jury's conclusion that Defendant shot at a dwelling or occupied building. See UJI 14-340 NMRA 2002. 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. 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. Thus, we do not address Defendant's double jeopardy argument. No. {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. He was born and raised in Bernal, New Mexico to Ted Trujillo and LuAnna Bustamante. {70} I agree that Defendant properly invoked this Court's mandatory appellate jurisdiction, that he failed to preserve a Confrontation Clause claim, that he was improperly convicted of conspiracy to commit depraved mind murder, and that he was improperly convicted of multiple counts of conspiracy to commit shooting at a dwelling or occupied building.