Ortega testified that he heard someone on the balcony ask them what they were doing in their barrio-meaning the Barelas barrio-and that he was talking to Canas, Ortega and Mendez, all Juaritos. Attended New Mexico State University in Las Cruces, New Mexico, USA in (1998-2000). He is a Taos High School graduate of (1998). Further, despite a brief reference to that rule, the trial court may not have admitted the statement on that basis. 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. at 691, 104 S.Ct. This is where it happened, and that sounds like a consistent story and that comes from Canas and Iguado and Ortiz, you don't discount that and throw that out and try and derive the story if you're Detective Shawn . 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. However, this argument does not adequately take into account the fact that Ortiz did not have to implicate his cousin at all. Public Records & Background Search Christopher David Trujillo, age 60, Denver, CO Background Check I respectfully dissent from part III(B). 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. I conclude that Rule 11-803(X) does not provide a basis for admitting the statement. Under those circumstances, I am not persuaded that the reasons for the principle of deference apply. In New Mexico the doctrine of cumulative error is strictly applied. Stills, 1998-NMSC-009, 51, 125 N.M. 66, 957 P.2d 51 (quoting State v. Martin, 101 N.M. 595, 601, 686 P.2d 937, 943 (1984)). 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). In fourteen pages of transcript discussion, the trial court only once mentions Rule 11-803(X) and it certainly cannot be said to be the thrust of the State's argument. WED: Thousands in NM see drop in SNAP benefits as pandemic expansion Defendant asserts that an unconstitutional sentence is an illegal sentence that may be challenged for the first time on appeal, relying on State v. Sinyard, 100 N.M. 694, 695, 675 P.2d 426, 427 (Ct.App.1983) and State v. Smith, 102 N.M. 350, 351-353, 695 P.2d 834, 835-837. I do believe it's appropriate to allow that. Do you see one of those people in the courtroom today? The jury had testimony from two other eyewitnesses, Ortiz and Ortega, that support its findings of guilt. . {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. While a life sentence has never been interpreted to mean a sentence to imprisonment for the duration of the defendant's natural life, it has been interpreted to mean thirty years of imprisonment before the possibility of parole or reduction of sentence through good time credits. Current address. {73} First, I am not persuaded that the requirements for admission under Rule 11-803(X) were satisfied. Nancy Fontenot. 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. {69} I would remand this case for a new trial. He is a Taos High School graduate of (1998). I also agree that there was sufficient evidence to support the conviction of conspiracy to commit aggravated battery. He was born and raised in Bernal, New Mexico to Ted Trujillo and LuAnna Bustamante. Elaine Trujillo (E), 69 Public Records - El Prado New Mexico He Then left school to pursue his dream in the Arts. 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. See State v. Mora, 1997-NMSC-060, 47 n. 1, 124 N.M. 346, 950 P.2d 789 (finding that defendant did not preserve the confrontation issue for appellate review because he did not timely object to the admission of [the deceased witness's] statement on confrontation grounds, nor did he timely object on general constitutional grounds); cf. {39} Defendant claims that the following flaws in defense counsel's performance resulted in ineffective assistance: counsel was unprepared to start trial, he failed to review jury questionnaires prior to jury selection, he failed to complete his interview with Ortega, he failed to interview, secure the presence of, or secure a continuance until such time as Canas could be located, he failed to object to prejudicial hearsay statements, he elicited highly prejudicial evidence against his own client, and he failed to challenge an indictment for a nonexistent crime. Christopher Trujillo - Technical Coordinator - Region 9 Education Cooperative | LinkedIn Christopher Trujillo State of New Mexico - Region 9 Education Cooperative Technical Coordinator. Attended New Mexico State University in Las Cruces, New Mexico, USA in (1998-2000). As a result of this argument, shots were fired from the upstairs balcony at a downward angle, killing Mendez and wounding Canas. No. We find that such evidence was inextricably part of the State's case. {22} Defendant next argues that insufficient evidence supports his conviction for first-degree depraved-mind murder on either a principal or accessory liability theory. He earned his wings too soon on May 4, 2021. Top 20 high school second basemen entering the 2023 baseball season 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. See Sutphin, 107 N.M. at 131, 753 P.2d at 1319. The trial judge denied both motions and made the following finding: First of all, I don't think very many jurors heard it. We conclude that a rational jury could find, from this testimony, that beyond a reasonable doubt Defendant's act of shooting into the crowd caused Mendez's death. {11} Defendant's first argument is that the trial court erred by admitting the tape and transcript of Ortiz's out-of-court statements. 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.). He took pride in everything he did and everything he did was for his sons. And then who took the gun away from Charlie? Defendant's action of taking the gun from Allison to continue the shooting is clear evidence of accessory liability. During the prosecution's direct examination of Detective Shawn, the prosecutor elicited testimony that indicated he had interviewed three eyewitnesses to the shooting: Ortega, Ortiz, and Canas. As a result, the prosecutor played the tape of an interview between Ortiz and Detective Shawn conducted a few hours after Mendez was killed. Furthermore, Detective Shawn also testified that he believed Ortiz's statement was truthful because it was consistent with other witnesses' testimony and the physical evidence found at the scene. Prosecutors say he and Christopher Trujillo kidnapped and murdered Cindy near Bernal in 2012. Ortega again identified Defendant at trial as the second shooter. {4} Ortiz, Allison's cousin, was a former Barelas gang member who had been ranked out and was apparently no longer welcome in the area. Based on the evidence summarized below, we conclude the State met its evidentiary burden. {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. Brian Christopher Slots - YouTube In closing the prosecutor made two references to Canas' statement: Let me take you to the balcony. {48} We next address Defendant's argument that the prosecutor engaged in prosecutorial misconduct that deprived him of a fair trial. Audrey Trujillo, the Republican candidate for New Mexico Secretary of State, appeared on Steve Bannon's podcast in June to explain why she's convinced former President Donald Trump won the 2020 election. 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. It cannot be invoked when the record as a whole demonstrates that the defendant received a fair trial. Id. 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. . Although accessory liability might make Defendant legally culpable whether or not he fired the fatal shots, I think it is fair to say that most people would view a shooter who missed his target less culpable than one who slays his target. Click a location below to find Christopher more easily. First, the dissent's discussion suggests that Detective Shawn found Ortiz's statement generally untruthful. Chris J Trujillo | Pharmacist | State of New Mexico | 2020 - OpenPayrolls Our resolution of this issue rests on whether the prosecutor's improprieties had such a persuasive and prejudicial effect on the jury's verdict that the defendant was deprived of a fair trial. Id. 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. 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. He claims that it was improper for the prosecutor to question Detective Shawn regarding his identification of the shooters. San Juan County, New Mexico H2 Fact Sheet . Even assuming competent counsel would not have performed in such a manner, we do not find the necessary prejudice. Chris Trujillo, CxA Construction | Commissioning Specialist at QA Engineering LLC Albuquerque, New Mexico, United States 291 followers 294 connections Join to connect QA Engineering LLC.

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