St Martin Parish Drug Bust, Articles C

Q. 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)). First, Ortiz's fear of retaliation went to his credibility, by showing that he had valid reasons-including the safety and well-being of himself and his family-for being less than candid about his cousin's and Defendant's involvement in the shooting at trial. Defense counsel, in a motion to dismiss for prosecutorial misconduct, alleged two instances in which the State failed to provide material evidence to the defense. Which memorial do you think is a duplicate of Chris Trujillo (104119474)? And I've instructed the State that that did not open the door and I don't want that pursued, but that's as far as I'm going to go. Arrangements made through Riverside Funeral Home of Santa Fe. Second, Ortiz's ranking out of the Barelas gang offered a plausible explanation for the start of the quarrel; his former comrades objected to Ortiz showing back up at the scene of his disgrace. 2052). {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. Chris was a hard worker and established his company All American Towing in 2017. {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. Chris Trujillo, the Owner, is personally available to you throughout the time that we are caring for your loved one as well as when the service concludes. Engage via Email. She was a beloved daughter, wife, mother, grandmother, great-grandmother, and a friend to many. See UJI 14-203 NMRA 2002. Christopher John Trujillo was born on March 30, 1991. We affirm Defendant's convictions for first-degree depraved-mind murder and conspiracy to commit aggravated battery. VI, 2. Christopher Trujillo - Technical Coordinator - Region 9 Education Cooperative | LinkedIn Christopher Trujillo State of New Mexico - Region 9 Education Cooperative Technical Coordinator. 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. 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. Chris TRUJILLO, Defendant-Appellant. Similarly, the danger that Ortiz might have a faulty memory is not present here, because Ortiz gave his statement just hours after the shooting. Because Defendant did not properly preserve the following issues for appellate review, we review them for fundamental error. He is not prepared to proceed today, Your Honor. This comment was apparently made by the prosecutor in response to defense counsel's request for a one-day continuance. Furthermore, both Ortiz and Ortega indicated that the shooting was the result of a verbal conflict between competing gang members. {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. Trujillo v. Sullivan, 815 F.2d 597, 613 (10th Cir.1987). 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. He stated that he was beaten up by other gang members when he was ranked out because he was no longer hanging out with them. We also note that in a recent opinion this Court unanimously concluded that the district court, under the same exact facts, did not abuse its discretion by admitting Ortiz's prior statement under Rule 11-803(X). He also asserts that no evidence showed that Defendant knew anything about Allison's intentions or that he encouraged Allison to shoot Mendez. Furthermore, both identified Defendant as one of the shooters from a photo lineup shown to them by Detective Shawn the night of the shooting. Gwyneth Paltrow and Chris Martin are among a small group of celebrity exes, that are still friends. Check other contact information for Cheryl Trujillo. In order to convict Defendant on this theory, the State had to prove that, even though Defendant did not commit the acts constituting the crime himself: 1. This Constitutional provision is buttressed by Rule 12-102(A)(1) and NMSA 1978, 34-5-8(A)(3) (1983) which reiterate this limitation to our jurisdiction. Chris Trujillo is a provider established in Albuquerque, New Mexico and his medical specialization is Pharmacist. Request Quote (575) 556-8526. 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. 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 I do believe it's appropriate to allow that. It is the court's duty to determine preliminary questions concerning the admissibility of evidence, see Rule 11-104(A) NMRA 2002, and this Court reviews the trial court's rulings for an abuse of discretion. {59} Defendant next claims that the prosecutor improperly injected his own opinion during closing arguments on the definition of at for shooting at a dwelling or occupied building charges. After a lengthy discussion of that rule, the State noted, There are some other exceptions that I could argue or basis on the rules of evidence that I could argue for the admission of this, but that [, Rule 11-803(E),] I think is [the principal basis]. After Defendant's response to the State's argument, the State proffered several other grounds for the admission of the statement: Rule 11-801(D)(1)(c) NMRA 2002, Rule 11-803(X), Rule 11-804(A)(3) NMRA 2002, and Rule 11-613(B) NMRA 2002. {73} First, I am not persuaded that the requirements for admission under Rule 11-803(X) were satisfied. We respectfully believe this conclusion is unfounded. 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. However, this argument does not adequately take into account the fact that Ortiz did not have to implicate his cousin at all. Also, proceeded him are brothers, Frank Sosa, Dan Henry Sosa and Ernest Sosa. State v. Lopez, 1997-NMCA-075, 123 N.M. 599, 943 P.2d 1052 recognizes that courts ought to give a narrow interpretation of the word identification, stating: Identification in its usual sense hinges upon a witness' recognition of a suspect and ability to match the person then to the person now and give assurances that this is the same individual. Lopez, 1997-NMCA-075, 11, 123 N.M. 599, 943 P.2d 1052. Chris was a. (citations omitted). Detective Shawn stated that on the night of the shooting Ortega identified Defendant as one of the shooters from a photo lineup and that he recorded this identification. We are also not persuaded that had the defense attorney received the requested rap sheets that contained Ortega's and Mendez's juvenile history, any difference in the outcome would have resulted. 2023 a case was filed by Lucero Chris, in the jurisdiction of Bernalillo County. Best Match Powered by Whitepages Premium AGE -- Christopher M Trujillo Roswell, NM (Southwest Roswell) View Full Report {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. New Mexico Counties Filter by filled date. According to Ortiz's statement, after Defendant resisted Allison's request for the gun, Defendant told the four down below, You guys think I'm joking, and began shooting. {76} The majority also reasons that because Ortiz put himself and his family in danger by giving a description of the shooters to the police, it is less likely that he lied. The test under the catch-all rules is whether the out-of-court statement-not the witness's testimony-has circumstantial guarantees of trustworthiness.3 Id. Defendant properly preserved this issue by a timely objection at trial. March 02, 2023 8:32 PM EST. For further information contact Arvin Trujillo, CEO Four Corners Economic Development at (505) 5663702 or by email at atrujillo@4cornersed.com. Detective Shawn's frustration that Ortiz was hiding the identity of the shooters is understandable. Thus, under our law, adults convicted of first-degree murder may appeal directly to the Supreme Court, as of right, because they will always be sentenced to life imprisonment or death, while it appears juvenile offenders convicted of first-degree murder may not be able to appeal their convictions directly to the Supreme Court because the trial court has discretion to sentence them to less than a life sentence. I'm networking with professionals in the fields of Digital Strategy, Marketing, and Web Development. He accomplished a lot during his 30yrs of life and left a mark on all of our hearts. However, as Defendant did not raise this issue below, it was not properly preserved for appellate review. Her desire to . . Request Quote . {58} Ortiz's former, or current, membership in the Barelas gang was important for two reasons. We find no evidence to suggest that defense counsel purposely elicited the Detective's answer, or could have known it was coming. He also identified Defendant as one of the shooters from a photo lineup performed by Detective Shawn and again positively identified Defendant as one of the shooters at trial. . "I thought it was Sam Armstrong's best outing since he's been at ODU with 12 strikeouts no walks and six strong innings. Sys., 112 N.M. 226, 230, 814 P.2d 94, 98 (1991); Lowe v. Bloom, 110 N.M. 555, 555, 798 P.2d 156, 156 (1990). 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. Ortega again identified Defendant at trial as the second shooter. 26,108. 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. Four members of the army were placed under arrest Thursday and each face homicide, bodily injury and . Defendant urges us to find that because of these facts, and because he was a child at the time of the crime, his sentence is so disproportionate as to shock the general conscience or violate principles of fundamental unfairness. We acknowledge that [a] sentence may constitute cruel and unusual punishment if its length is disproportionate to the crime punished, Burdex, 100 N.M. at 202, 668 P.2d at 318, and that it is within the province of the judiciary to review whether a sentence constitutes cruel and unusual punishment in violation of a constitutional provision. State v. Rueda, 1999-NMCA-033, 10, 126 N.M. 738, 975 P.2d 351. He then testified that all three identified both Allison and Defendant as the shooters and that they had all told him that only one gun was used. Under those circumstances, I am not persuaded that the reasons for the principle of deference apply. He was born and raised in Bernal, New Mexico to Ted Trujillo and LuAnna Bustamante. {56} We agree that Detective Shawn's statements regarding Canas' identification of Defendant was improper hearsay testimony. It cannot be invoked when the record as a whole demonstrates that the defendant received a fair trial. Id. Christopher Trujillo. On cross-examination, Detective Shawn testified that at the time of the interview he felt that Ortiz knew who the shooters were but was concealing their identity. Id. Why WriteAPrisoner? 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. An isolated, minor impropriety ordinarily is not sufficient to warrant reversal, because a fair trial is not necessarily a perfect one. Allen, 2000-NMSC-002, 95, 128 N.M. 482, 994 P.2d 728 (internal quotation marks and citations omitted). Verna Trujillo A Overview. Chris Trujillo is an Agent at New York Life Insurance based in New York City, New York. He is a Taos High School graduate of (1998). 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. {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. The majority holding otherwise, I respectfully dissent. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 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. (3)the general purposes of these rules and the interests of justice will best be served by admission of the statement into evidence. {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). 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. {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. Id. of County Comm'rs v. McCulloh, 52 N.M. 210, 215, 195 P.2d 1005, 1008 (1948) (quoting State ex rel. See Baca, 1997-NMSC-059, 24, 124 N.M. 333, 950 P.2d 776. See UJI 14-340 NMRA 2002. Strange Leaves Analysis In the short story "Strange Leaves," Christopher Carmona uses symbolism to concentrate on body and domestic horror by directing his attention to young women traveling across Latin America who are betrayed by their country, home, and physical appearance. Any danger inherent in a true identification of a gang member, however, would also seem to argue against the candor of such a statement, especially to the police. If the acts of two or more persons contribute to cause death, each such act is a cause of death. Shortly after the shots were fired, Ortiz ran after Mendez and found him lying face down in the alley. However, during cross-examination, defense counsel questioned Detective Shawn about Ortega's alleged statement to Landaras, specifically attacking his failure to follow-up on this information known by one of his detectives, Detective Martinez. We are not persuaded that Defendant was merely present during the shooting. As a result, the prosecutor played the tape of an interview between Ortiz and Detective Shawn conducted a few hours after Mendez was killed. Lucky was born in Pojoaque, New Mexico on August 12, 1943 to Luis Trujillo and Andalecia Archibeque. Defendant's case did not go to trial until November 9, 1998, leaving counsel nearly a year to challenge the indictment for this crime. He earned his wings too soon on May 4, 2021. According to our new study, State of Contact Center Conversation Intelligence 2022, 48% . Id., 31. As a result of this argument, shots were fired from the upstairs balcony at a downward angle, killing Mendez and wounding Canas. Defendant invoked this Court's mandatory appellate jurisdiction based on his first-degree murder conviction and because he was sentenced to thirty years in prison. The court then noted that the State could have impeached Ortiz with every line of the out-of-court statement, and that it was more efficient to just play the tape to the jury. A. 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. Title: Microsoft Word - 2023-01-25 SJ County H2 Fact Sheet - FINAL.docx Author: Chris Created Date: 1/25/2023 9:37:23 AM . Did he fire all the shots? {71} Defendant's claims of prosecutorial misconduct and cruel and unusual punishment arising from his sentence could arise on remand, so I agree these questions ought to be reached; additionally, I agree with the majority's disposition on the merits. Prosecutors say he and Christopher Trujillo kidnapped and murdered Cindy near Bernal in 2012. Chris was a hard worker and established his company "All American Towing" in 2017. We hold that sufficient evidence exists to affirm Defendant's conviction of first-degree depraved-mind murder on either a principal or accessory liability theory. Nancy Fontenot. [6] Click a location below to find Christopher more easily. When the person in the best position to judge a witness's candor feels that the witness was being less than truthful, I am uncomfortable holding that the witness's statement bears circumstantial guarantees of trustworthiness. He was born and raised in Bernal, New Mexico to Ted Trujillo and LuAnna Bustamante. She assumed office in 2013. . {30} In State v. Baca, 1997-NMSC-059, 15, 124 N.M. 333, 950 P.2d 776, we concluded that in order to find the defendant guilty as an accessory to first-degree depraved-mind murder the State was required to show, either through direct or circumstantial evidence, that [the principal] committed an act greatly dangerous to the lives of others indicating a depraved mind without regard for human life and also that [the accomplice] helped, encouraged or caused [the principal's] act, intending that the crime occur. Id. 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. {17} In determining whether a statement is sufficiently trustworthy the statement must be inherently reliable at the time it is made. State v. Williams, 117 N.M. 551, 561, 874 P.2d 12, 22 (1994). {63} Defendant argues that cumulative error requires a reversal in this case. Mexico City. . Herrera stated that his findings were consistent with other physical evidence that tended to demonstrate that the shots were fired only downward. Defense counsel also did not dispute the accuracy of the following statement argued to the court by the State: I would also say in the interviews Mr. DeVoe [co-defendant Charlie Allison's counsel] conducted with Mr. Huero [sic] and Mr. Canas, Mr. DeVoe showed the two photo arrays of Allison and Trujillo to Iguado [Ortega] and Canas and they reaffirmed their identification of both defendants at Mr. DeVoe's request. We will review the memorials and decide if they should be merged. Luciano (Lucky) (Caddy) Trujillo, 78, of Pojoaque, passed away on October 28, 2021 at his home in Nambe. San Juan County, New Mexico H2 Fact Sheet . Contact. On the other hand, both facts also argue that the statement he gave was less than candid. we must avoid concentrating on the suppressed evidence in isolation. art. {34} Defendant next argues that his convictions for all counts relating to shooting at a dwelling or occupied building must be reversed because there was no evidence that Defendant shot at a dwelling or occupied building. {40} Defendant first argues that even the State in this case acknowledged from the outset that his counsel was ineffective, stating: What you have here is ineffectiveness of counsel crusading as someone who wants to disqualify me from participation in this case. Defense counsel also argued that the issue about baldness and shortness and so forth could have been used to the defendant's advantage as to who was actually doing the shooting. However, in addition to arguing that portions of Canas' statement were exculpatory, defense counsel acknowledged that portions of his statement were inculpatory. Faced with the possibility of gang retaliation, Ortiz might have felt pressure to give an incomplete or inaccurate description of the events. If we were to adopt the dissent's reading of this rule, we would deprive the jury of reliable probative evidence relevant to the jury's truth-seeking role. Ortega unequivocally testified that Defendant and Allison were the shooters, and the jury was given the opportunity to consider Ortiz's prior statement to that effect. STATE of New Mexico, Plaintiff-Appellee, v. Chris TRUJILLO, Defendant-Appellant. See State v. Nieto, 2000-NMSC-031, 25, 129 N.M. 688, 12 P.3d 442 (finding expert testimony on defendant's gang affiliation and specific rituals and procedures of that gang was admissible to show defendant's alleged motive). 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. Because causation was at issue here, the jury was also instructed that: The cause of death is an act which, in a natural and continuous chain of events, produces the death and without which the death would not have occurred. The defendant helped, encouraged or caused the crime to be committed. Cheryl Trujillo, 92 years old, currently living in Albuquerque, NM. BLOG; CATEGORIES. Thus, we do not address Defendant's double jeopardy argument. Despite Defendant's objections, the court admitted the evidence pursuant to Rules 11-803(E), 11-803(X), 11-804(A)(3), and 11-612 NMRA 2002. See Sutphin, 107 N.M. at 131, 753 P.2d at 1319. 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. 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. 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. He is preceded in death by his great grandmother Flora Ortiz, grandfathers Johnny Bustamante, Manuel Trujillo, Luis Avitia, uncles Eric Bustamante, Mark Trujillo, aunts Elaine Whatley, Darlene Anaya and numerous other relatives. Accordingly, we respectfully disagree with the dissent's reasoning on this point. The statement was thus specifically covered by [some] of the foregoing exceptions Rule 11-803(X). I therefore also concur in parts IV, VIII, IX and XI. We do not find the trial court's decision to be arbitrary, capricious, or beyond reason. 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. 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. We have developed the entire body of New Mexico case law for first-degree murder cases, and it would only create confusion and inconsistency for the rare case of a serious youthful offender convicted of first-degree murder but sentenced to less than life imprisonment to proceed first to the Court of Appeals when all other first-degree cases proceed directly to this Court. This Court has recognized four primary dangers of hearsay which can potentially make a hearsay statement unreliable. In New Mexico, [w]hoever commits murder in the first degree is guilty of a capital felony. Section 30-2-1. Q. A. at 691, 104 S.Ct. There is sufficient evidence to support findings that (1) Allison committed an act greatly dangerous to the lives of others, (2) knowing that the act created a risk of death or great bodily harm, which indicated a depraved-mind, without regard for the lives of others, (3) that Defendant helped him commit that act, and (4) that Defendant shared Allison's purpose or design. Elisia Miranda Trujillo entered into life eternal on Friday, February 10, 2023, at the age of 94. Moreover, in his opening statement, the defense attorney was completely forthright about Defendant's gang affiliation, stating that there is no question that Chris Trujillo is a gang member. Defense counsel went on to say that nobody in this room is going to think that Mr. Allison or Mr. Trujillo is a Boy Scout We certainly can't avoid the issue that this involves gangs, something about drugs, certainly some violence. Defense counsel also spoke of a spectrum of gang involvement, trying to demonstrate to the jury that while Defendant was not a Boy Scout, he was also not a gang member for profit, for criminal acts, for death, destruction, drug dealing, [or] intimidation. Although we recognize the danger of guilt by association when evidence of gang membership is introduced, such evidence is admissible to show other important elements of the crime, such as motive or intent. Trujillo, Casey However, we conclude that these references to Canas' statement did not deprive Defendant of a fair trial. 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. Find out which cars have the lowest insurance rates, plus key factors that affect your car insurance premiums. 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. Because of my disposition of Defendant's evidentiary objection, I would not reach parts VII or X. {42} Defendant also claims that his attorney failed to complete his interview with Ortega. 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. Click a location below to find Christopher more easily. As the Defendant himself concedes, [w]hen allowed to speak freely, Juan clearly testified that Charlie shot Javier and then Silly shot at him and Jesus. Rule 11-611(C) NMRA 2002 states: Leading questions should not be used on the direct examination of a witness except as may be necessary to develop the witness's testimony. In State v. Orona, 92 N.M. 450, 454, 589 P.2d 1041, 1045 (1979), the Court concluded that, under Rule 11-611(C), [d]eveloping testimony by the use of leading questions must be distinguished from substituting the words of the prosecutor for the testimony of the witness. The Court found that the trial court abused its discretion in such a manner as to violate principles of fundamental fairness after it permitted every word describing the alleged offense to come from the prosecuting attorney rather than from the witness.