chris trujillo 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. 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. Q. See id. Attended New Mexico State University in Las Cruces, New Mexico, USA in (1998-2000). {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. But what Detective Shawn found was consistent. Id., 31. However, Ortiz apparently could not recall more specific details of the shooting, including who fired the gun. We agree. 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). Dec. 20, 2020: An open letter to my school family. The State also offered the hearsay under a number of other rules: Rule 11-613(B) (extrinsic proof of prior inconsistent statements), Rule 11-801(D)(1)(c) (statements of identification), Rule 11-804(A)(3) (one of the definitions of unavailable) and Rule 11-803(X). Full Service Burial. 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. Finally, we find there was little danger that Ortiz misjudged, misinterpreted, or misunderstood what he saw that evening because there were no impediments to his perception and because he was present throughout the event. Verna Trujillo A. However, under the statute, juvenile offenders convicted of first-degree murder may be sentenced to life imprisonment but shall not be punished by death. Id. He also testified that he was unaware at the time of the interview that Ortiz and Allison were cousins. Nevertheless, the State put forth no evidence from which the jury could infer that any of the shots from any shooter were directed at or hit any building, nor did it cite to any in its briefing to this Court. I conclude that Rule 11-803(X) does not provide a basis for admitting the statement. Christopher John Trujillo was born on March 30, 1991. 2023 a domestic/family case was filed by Trujillo . Domestic space is described as a place of safety, security, and . 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). Brandon Trujillo - New Mexico. I do believe it's appropriate to allow that. {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. Title: Microsoft Word - 2023-01-25 SJ County H2 Fact Sheet - FINAL.docx Author: Chris Created Date: 1/25/2023 9:37:23 AM . of County Comm'rs v. McCulloh, 52 N.M. 210, 215, 195 P.2d 1005, 1008 (1948) (quoting State ex rel. March 02, 2023 8:32 PM EST. {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. It cannot be invoked when the record as a whole demonstrates that the defendant received a fair trial. Id. Email. The City of Los Trujillo is located in Valencia County in the State of New Mexico.Find directions to Los Trujillo, browse local businesses, landmarks, get current traffic estimates, road conditions, and more.The Los Trujillo time zone is Mountain Daylight Time which is 7 hours behind Coordinated Universal Time (UTC). He was born and raised in Bernal, New Mexico to Ted Trujillo and LuAnna Bustamante. 2052) (internal citation omitted). 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. State v. Garcia, 114 N.M. 269, 275, 837 P.2d 862, 868 (1992). 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. {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 Sutphin, 107 N.M. at 131, 753 P.2d at 1319. at 499, 873 P.2d at 245. However, as Defendant did not raise this issue below, it was not properly preserved for appellate review. As a result of this argument, shots were fired from the upstairs balcony at a downward angle, killing Mendez and wounding Canas. As discussed above, the State also introduced evidence that Detective Shawn interviewed Ortiz the night of the shooting, although Ortiz was reluctant to testify about the details of the shooting or his prior statement at trial. 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. Ward v. Romero, 17 N.M. 88, 100, 125 P. 617, 621 (1912)). The dissent agrees that as a general matter we should defer to the discretion of the trial judge on evidentiary matters, but argues that [s]uch deference 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. Dissent 80. Defendant properly preserved this issue by a timely objection at trial. 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. Chris was a hard worker and established his company "All American Towing" in 2017. Defendant's action of taking the gun from Allison to continue the shooting is clear evidence of accessory liability. [A] non-jurisdictional claim not raised in the lower court is not properly reviewable on appeal. State v. Burdex, 100 N.M. 197, 201, 668 P.2d 313, 317 (Ct.App.1983) (finding defendant's constitutional claim of cruel and unusual punishment was not asserted at the trial court and was therefore not properly preserved for appeal because such a claim is non-jurisdictional).4 We therefore review Defendant's claim for fundamental error. Looking for Chris Trujillo in Albuquerque, New Mexico? Accordingly, we hold that serious youthful offenders convicted of first-degree murder shall be allowed to invoke this Court's mandatory jurisdiction under Article VI, Section 2 of the New Mexico Constitution and Rule 12-102(A)(1). I'm networking with professionals in the fields of Digital Strategy, Marketing, and Web Development. During its discussion of Rule 11-803(X), the State recognized that it had not satisfied all of the requirements of the rule: I realize that notice should be given sufficiently in advance of trial to allow counsel to prepare, but I think the Court is well aware of the circumstances under which Mr. Ortiz has appeared here. This pay is 25 percent lower than average and 12 percent lower than median salary in Northern New Mexico . The evidence at trial revealed that shots were fired from an apartment balcony downward into a courtyard area. However, [a]n error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment. Id. 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. Get contact info, address & run background checks for Elaine Trujillo. 27. 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. {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. As a result, the prosecutor played the tape of an interview between Ortiz and Detective Shawn conducted a few hours after Mendez was killed. He was shooting, and these guys over here took the gun away from his hands and started shooting at me and Jesus. He Then left school to pursue his dream in the Arts. See 5 Jack B. Weinstein & Margaret A. Berger, Weinsteins's Federal Evidence 807.03[4], at 807-26 (Joseph M. McLaughlin ed., 2d ed. We conclude that Defendant's thirty year sentence with the possibility of good time credit does not constitute fundamental error. Lucky was born in Pojoaque, New Mexico on August 12, 1943 to Luis Trujillo and Andalecia Archibeque. Nearly 24% of New Mexicans rely on SNAP, the highest rate in the . 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. Defendant also does not dispute that he knew this act was greatly dangerous to the lives of others. Four members of the army were placed under arrest Thursday and each face homicide, bodily injury and . No. The State has an affirmative duty to disclose any material evidence favorable to the defendant which the state is required to produce under the due process clause of the United States Constitution. Rule 5-501(A)(6) NMRA 2002. He was born in Los Padilla's, New Mexico to Alfonso and Valentina Sosa, who proceeded him in death. 20 plus years experiencce in design and project management of architectural projects, including residential, retail, hospitality, healthcare, entertainment and places of worship. The trial court never made an express ruling that the three textual requirements of Rule 11-803(X) had been met, nor did it rule that the State's failure to comply with the notice requirement was excusable. Chris Trujillo Lead IT Specialist at NNMC Santa Fe County, New Mexico, United States 73 followers 70 connections Join to view profile Northern New Mexico College Northern New Mexico. 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. Furthermore, Ortiz was present and available for cross-examination, which meant the jury could observe his demeanor and make its own determinations regarding Ortiz's credibility. Dissent 75-78. Defendant first alleged that the State failed to provide accurate rap sheets on Ortega and Mendez, stating that neither record showed that the two men had a criminal history even though testimony presented at trial indicated that both had previously been in Springer Boys Home or the D home. Defendant also claimed that the State failed to provide a July booking photo taken of Defendant shortly after his arrest. Chris Trujillo in Albuquerque, NM 145 results - Chris Trujillo may also have lived outside of Albuquerque, such as Rio Rancho, Las Cruces and 2 other cities in New Mexico. 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. This narrow interpretation of the rule has been rejected by a majority of circuits, and we decline to adopt it in our jurisdiction. He is a Taos High School graduate of (1998). The dissent argues that our analysis under Rule 11-803(X) is misplaced because this exception cannot be read to mean that hearsay which almost, but not quite, fits another specific exception, may be admitted under the other exceptions' subsection Dissent 82 (quoting State v. Barela, 97 N.M. 723, 726, 643 P.2d 287, 290 (Ct.App.1982)). {58} Ortiz's former, or current, membership in the Barelas gang was important for two reasons. 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. I publish daily videos playing Slots in casinos all over the country, showing millions of fans how to have a great time using an entertainment budget! Under those circumstances, I am not persuaded that the reasons for the principle of deference apply. Q. {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. Second, the statement was more probative of the identity of the shooters than any other evidence the State could procure through reasonable efforts-in Ortiz's taped statement he indicated that there was a big guy wearing black jeans and a black t-shirt, presumably Allison, and a little guy wearing light blue jeans and a striped shirt, presumably Defendant, on the balcony and that the little guy did the shooting. 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. Learn more about merges. While the prosecutor cannot hide information behind other arms of the State, see Kyles v. Whitley, 514 U.S. 419, 437, 115 S.Ct. 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. {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. 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. 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)). And then who took the gun away from Charlie? 2023 March February January 2022 December November October September August . See Baca, 1997-NMSC-059, 51, 124 N.M. 333, 950 P.2d 776 (holding that a conviction for conspiracy to commit first-degree depraved-mind murder could not stand under current case law because conspiracy requires both intent to agree and intent to commit the offense which is the object of the conspiracy and depraved-mind murder is an unintentional killing resulting from highly reckless behavior); cf. She was a beloved daughter, wife, mother, grandmother, great-grandmother, and a friend to many. 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.). [W]here a jury verdict in a criminal case is supported by substantial evidence, the verdict will not be disturbed on appeal. State v. Anaya, 98 N.M. 211, 212, 647 P.2d 413, 414 (1982). 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). at 691, 104 S.Ct. . Family and friends must say goodbye to their beloved Christopher Patrick Trujillo (Ranchos de Taos, New Mexico), who passed away at the age of 37, on August 14, 2017. 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. 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.) 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. As a result, we do not address Defendant's confrontation concerns on appeal. There may be more than one cause of death. {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). 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. online Voody Load 2022 Page 3. This rule expressly requires that the proffered statement have equivalent circumstantial guarantees of trustworthiness. I believe that Ortiz had a motive to lie and therefore his statement lacked circumstantial guarantees and was inherently untrustworthy. 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. See Garcia, 114 N.M. at 274, 837 P.2d at 867. He asserts that defense counsel's performance, viewed cumulatively, fell below that of a reasonably competent attorney and prejudiced his defense. {50} Defendant first argues that the prosecutor engaged in misconduct by failing to disclose material evidence to the defense. 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. Liked by Christopher Trujillo Kevin Mitnick is known as the world's most famous hacker, and Riverbed's Vincent Berk is a highly experienced cybersecurity expert. 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. Add new skills with these courses Verna Trujillo A in 2018 was employed in Northern New Mexico College and had a reported pay of $27,475 according to public records. Detective Shawn testified that Ortiz identified Defendant from a photo lineup as one of the shooters, but refused to have his response recorded on tape. Trujillo ( Democratic Party) ran for re-election to the New Mexico House of Representatives to represent District 25. $3895 . (emphasis omitted). Furthermore, just because the prosecutor thought defense counsel to be ineffective does not make it so. Defense counsel did not timely object to this line of questioning. Trujillo formerly served as founding director of the Office of Equity and Diversity at Northern New Mexico College since 2013, where she oversaw programming to address access and inclusion for historically underrepresented populations in higher education. Decided: February 05, 2002 Freedman, Boyd, Daniels, Hollander, Goldberg & Cline, P.A., Lisa N. Cassidy, Albuquerque, NM, Phyllis H. Subin, Chief Public Defender, Nancy M. Hewitt, Assistant Appellate Defender, Santa Fe, NM, for Appellant. 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. This case raises the unique jurisdictional issue of whether a serious youthful offender convicted of first-degree murder is allowed to invoke our mandatory appellate jurisdiction even though he is sentenced to less than life imprisonment due to the discretion afforded district court judges when sentencing serious youthful offenders convicted of a capital felony. The court indicated that as to the identity of the shooter, Defendant was not prejudiced because Canas could have testified that the shooter was bald, but at the same time he may have elicited information that that bald person's name was Silly [Defendant's alias]. 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. PAMELA B. MINZNER, Justice (concurring in part, dissenting in part). We find sufficient evidence to support Defendant's one conviction for conspiracy to commit aggravated battery and affirm this conviction. {7} Defendant was tried, convicted, and sentenced for first-degree murder as a serious youthful offender pursuant to NMSA 1978, 31-18-15.3(D) (1993), which allows a district court to sentence the offender to less than, but not exceeding, the mandatory term for an adult. NMSA 1978, 31-18-14(A) (1993) grants the district court discretion in sentencing minors who have been convicted of a capital felony: [I]f the defendant has not reached the age of majority at the time of the commission of the capital felony for which he was convicted, he may be sentenced to life imprisonment but shall not be punished by death. (Emphasis added.) 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. Christopher Eric Trujillo was born on month day 1966, at birth place, New Mexico. Date added: 1/11/2012. 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. 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. As its first sentence makes clear, Rule 11-803(X) 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. 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. Defendant asserts that the prosecutor's failure to disclose material evidence to the defense, improper use of leading questions, improper introduction of hearsay evidence, use of inflammatory and irrelevant evidence, and improper argument, distorted the evidence on the crucial issue of identification. 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. NORFOLK, Va. - The Old Dominion baseball team finished off a three-game sweep of the Fordham Rams on Sunday with a doubleheader win taking game one 11-3 and game two 19-1 on Sunday afternoon at the Bud Metheny Ballpark. 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. We Are Available 24/7, Join in honoring their life - plant a memorial tree. In both instances the objections were sustained, but no limiting instruction was requested. art. 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 called him right after the vote that we legalized cannabis in New Mexico," Trujillo told the Santa Fe New Mexican about the March 31 conversation with her son, who is now in his second. Christopher Trujillo in New Mexico 283 people named Christopher Trujillo found in Albuquerque, Santa Fe and 6 other cities. (1)Ambiguity-the danger that the meaning intended by the declarant will be misinterpreted by the witness and hence the jury; (2) Lack of candor-the danger the declarant will consciously lie; (3) Faulty memory-the danger that the declarant simply forgets key material; and (4) Misperception-the danger that the declarant misjudged, misinterpreted, or misunderstood what he saw. Because none of the other rules upon which the State relied appear to be applicable, I would reverse the convictions of depraved mind murder, aggravated assault, and conspiracy to commit aggravated battery, and remand for a new trial on these counts.

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