"Cana codes" were gang codes used to confuse prison staff. Moreover, this court did not recognize any prejudice to defendant being charged with one conspiracy instead of multiple conspiracies. While all Nuestra Familia (In re Ricky T. (2001) 87 Cal.App.4th 1132, 1139-1140.) It would be against protocol to delegate that authority. Defendant's letter stated in part, "if my baby does me wrong, death going to part us." WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. According to Mendoza, this was a coded message saying that defendant was the regimental commander of the Santa Clara County Jail and that Paul Lopez ("PJ") and Rudy Miramontes ("Debbie" or "Dancing Bear"), a NF member, should work with him in that capacity. .". Whether the object of a single agreement is to commit one or many crimes, it is in either case the agreement which constitutes the crime. Once defendant was arrested, Clark was primarily responsible for keeping the regiment functioning and collecting drug debts owed the regiment. There is a replete record from which there is a sufficient basis in which a jury did make their findings, so the request to grant a new trial or modify the verdict is denied at this time. While he was in prison, he was involved in removals, which usually involved one inmate slashing the face of a gang enemy, after which "the bombers step in with two people who physically assault the individual so the person that was slicing them can get away." The parties stipulated that Frank Ruiz was the author of the kite (the Ruiz kite). Mendoza was testifying pursuant to a use immunity agreement as well as a plea agreement of September 9, 2008 resolving charges against him arising partly out of his regiment selling drugs, including conspiracy to sell methamphetamine, active gang participation, possession of heroin, and possession of marijuana for sale. Tirri was arrested in October 2006. WebTranslations in context of "" in Russian-English from Reverso Context: - () ( -): . It was these factors that caused Debbie Guzman to be in fear, and not the August 2007 letter which she testified that she did not take seriously at the time." Interact directly with CaseMine users looking for advocates in your area of specialization. ['] That created a moment of silence because my entire plan to impeach her was unnecessary. There was no evidence of a reciprocal communication from defendant to Guillen. .". In the end it's all about money, and how they go about it. (People v. Osslo (1958) 50 Cal.2d 75, 84.) ( 667.5, subd. ), After the jury convicted defendant as charged and made a special finding that the five charged conspiracies "were separate and distinct," in bifurcated proceedings defendant admitted allegations of three prior convictions, one for attempted murder and two for possession of controlled substances. The letter (Exhibit 168) does not appear in the record on appeal. They are all considered enemies of the gang. He's to be dealt with ASAP.' (Police Booking Photo), VIEW OPERATION RED OCTOBER INDICTMENT BOOKING PHOTOS, Public File for KBCW-TV / KBCW 44 Cable 12. . The Ruiz kite, addressed to the Elmwood facility, was intercepted and brought to the attention of Dennis Gillotte, a Correctional Deputy for the Santa Clara County Sheriff's Office. We focus on the evidence relevant to the issues and arguments on appeal. Defendant said he had deemed Cervantes no good. Viramontes turned toward the open garage and tried to run into his home. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. N]ow, I understand he has motive to help[] the actual gang member. ", Two of these three disputed counts involved conspiracies to assault two individuals with deadly weapons. Defendant disputes this characterization. As this court has said before, "a conspiracy can have multiple criminal objectives." Defendant sometimes brought her along when he picked up money and dropped off drugs. He again asked what she was talking about, and she reminded him of the "literally" part of a letter. The key documentary evidence of two conspiracies was a single kite (Exhibit 412) that was dated October 21, 2008 and signed by "C/R Calpolli." Steve "Pnut" Barba was convicted of stabbing San Francisco 49ers player Aldon Smith in the chest at a party. As we will explain in part II.B, post, the conspiracy was actually to smuggle PCP and methamphetamine into the Santa Clara County Jail. Cervantes said he should have handed "it" directly to defendant instead of to Roman, because defendant said it was short. 231.). Count 5 did not allege a conspiracy, but simply that defendant had threatened his wife with great bodily injury or death between August 1 and 20, 2007. He testified that one of the NF principles was that NF business should not be discussed with any outsider, wife, or girlfriend, but the rule was not always followed. Gillotte was not aware that Cervantes actually had been removed by an assault. (Id. The victim in that case testified that "she did not initially take appellant's words as a threat because appellant was always joking around. The record citations do not support this contention. He asked for the court, in advance of submitting the case to the jury, to either dismiss counts 2 and 3 or consolidate them into a single count. This was a theme defendant had sounded in his opening statement ("what she's really afraid of is going back to prison," "she wasn't afraid of him, and her real fear happened after the police essentially gave her no choice"), but he did not elaborate on this theme in closing argument, perhaps because it was unsupported by Debbie's testimony. Cervantes admitted that he would not testify against defendant due to fear of retaliation and that he had received defendant's written permission to testify. Debbie testified that she was not afraid when she received the letter in August 2007 because she intended to stand by defendant, but she became afraid in December 2007 and January 2008 when conditions changed and she agreed to cooperate with law enforcement after they searched her residence and confronted her with evidence of her guilt. After some conversation, Clark took the phone from Debbie. And he conspired to do that with other gang members. Cervantes testified that he was never assaulted while in jail before he bailed out in September 2007 or when he returned. Last July 14, months prior to the raid, Barba was sentenced for stabbing Smith to three years in prison and three years of parole, but avoided prison time due to credits he received for serving 560 days in the county jail. Because removing someone from the organization is something that you can't go back on, and whoever makes the decision is responsible for that decision. . The NF members on the " 'street' " were under the control of the Regional Security Department (RSD) to whom they were to report. Vargas discussed an organizational structure involving a Regimental Security Department that appears to have been superseded by having individual regimental commanders reporting directly to the Pelican Bay NF generals. WebEl liderazgo restantes de la organizacin en el Pelican Bay consta de Daniel "la cigea" Prez, Anthony "Chuco" Guilln y George "Puppet" de Franco. The court denied defendant's motion, explaining: "What is clear, however, is that this Court has a sua sponte duty to instruct in this area when there was sufficient evidence to support either finding either a single or multiple conspiracies, and I believe that the record is replete with evidence to suggest either theory. Debbie was concerned about giving information to the police with Frost present, as Frost would have notified defendant. And we know that the Defendant actually told Vince Tirri whey they were housed together in the Super Max that he told Vinni Tirri that the reason why he had Danny Cervantes removed and deemed him - well, not removed, but why he deemed him 'no good' was "because Danny Cervantes owed him a $400 drug debt . Suffice it to say that the jury had reason to disbelieve each one of them. [13] Mientras que los miembros de la pandilla los Norteos son considerados soldados de a pie de Nuestra Familia, el ser miembro de Nuestra Familia no significa que tenga asociacin con los Norteos. ['] 'Death will part us.' He wouldn't be here if he wasn't helping him . The scope of each conspiracy presented questions of fact and credibility for the jury to decide. "S" was going to be calling her and bringing her the moon stuff. Count 2 alleged that defendant and 25 other individuals who were members and associates of his regiment conspired with others to sell methamphetamine between April 25, 2002 and April 23, 2009. Copyright 2015 by CBS San Francisco and Bay City News Service. According to Ramirez, the four regiment leaders only met twice in person and Debbie was not in attendance. 2015 CBS Broadcasting Inc. All Rights Reserved. Tirri testified that he paid dues when he was a member of Charlie Campa's regiment. Sergeant Livingston testified that his investigation of the James Cramer regiment produced a document listing regiment dues and also a money order sent to a high ranking NF member in Pelican Bay. When defendant met with other regiment leaders, Ramirez talked about messages he had received from the NF leadership in Pelican Bay State Prison saying defendant had not been communicating with them and "hasn't paid his dues . The Attorney General provides no record citations for these statements. They reminisced about how Ochoa used to sell a cut pound of methamphetamine to defendant for $6,500, but he said no one wanted cut stuff anymore and a pure pound cost $20,000. ", Pursuant to this instruction, in addition to finding defendant guilty of the conspiracies alleged in counts 2 (to sell methamphetamine), 3 (to sell PCP), 4 (to smuggle a controlled substance into a penal institution), 6 (to assault Daniel Cervantes with a deadly weapon and 7 (to assault Henry Leyvas with a deadly weapon), the jury made a special finding that these five conspiracies "were separate and distinct. Sigue activa La Eme? The appellate court acknowledged that these words by themselves "did not articulate a threat to commit a specific crime resulting in death or great bodily injury." Shortly after they met again he moved in with her. (People v. Bernhardt (1963) 222 Cal.App.2d 567, 590-591; cf. Debbie said she would put him out if he went out on her "[a]nd you'd better ask somebody." Stephanie used methamphetamine, while Debbie never did. As the Attorney General states, "the defense theory was that the interactions between appellant and his wife showed that the letter did not cause fear, not that it was only a remote cause of the fear." You better ask somebody." La Eme ainda est activa? Who are the Norteos allies? It was seized during the search of her residence but not identified until a day or two later. Clark was primarily responsible for the day-to-day operations of the regiment. In the letter were the statements: " 'Debbie's sister was given the house and kids when Debbie last moved out, so that should be respected. Sergeant Lewis, Sergeant Livingston, and Correctional Officer Valdez testified that, at the time of trial, Antonio "Chuco" Guillen was the general in Pelican Bay State Prison in charge of NF street regiments. In fact, though Tirri said that he heard Cervantes was assaulted, Cervantes testified that he was never assaulted and that no one had tried to assault him. (a)(1).) We're not contesting that." Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. During a conversation on August 18, Debbie said she wished she could feel defendant. I think it's at leastI don't think you can reject Frank Ruiz's testimony. The court accepted Mendoza as an expert on NF, NR, Norteos, and Northerners, both in prison and on the streets based on his gang history. Defendant contends that Mendoza, Ramirez, and Clark all testified that the NF leadership controlled what crimes NF members on the streets could commit and what drugs they could sell. This passage has received differing punctuation in various quotations in testimony and motions, so we have settled on punctuation that makes sense to us. Algunas He's been deemed no good. However, no one until now has described this call as threatening. Lewis equivocated on cross-examination, saying that some regiments charge a higher price for narcotics in lieu of collecting $200 monthly dues. She enjoyed the status of being his wife. Who started the Norteos? He explained to them that it was like an insurance policy, backing their collection of drug debts with NF's reputation for violence. And, again, immediateobviously, the Defendant does not have someone right there at the time the letter is read to carry out the threat, but that's not what the law requires. Before trial, in a motion to set aside the indictment defendant contended that "Counts 2, 3, 4, 6 and 7 should either be set aside or consolidated into one single conspiracy count" instead of being pursued as separate conspiracies. After his release from prison, Ramirez contacted regiment leaders Abundiz and Campa and formed his own regiment in Santa Clara County as he had been instructed by Guillen. . I didn't discuss it with Lorenzo Guzman. Code, 11379, subd. Ruiz wrote that Cervantes' removal "was just" based on a false impression from incident reports from Elmwood that Cervantes had already been removed. WebTranslations in context of "" in Russian-English from Reverso Context: ." A threat which may appear conditional on its face can be unconditional under the circumstances. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. The remaining leadership of the organization in On appeal he asserts they had a contentious, roller-coaster relationship "sometimes resulting in threatening statements from both parties" and he points to their first phone conversation about the letter on August 16, 2007 to illustrate his intent. For the reasons stated below, we will affirm the judgment. ( 422. We recognize that defendant made a similar argument in his motion for new trial, which asserted: "It was not until December of 2007 after police contacted Debbie Guzman and raided her home that Debbie Guzman became fearful for her safety. It means you are in bad standing with the organization. As far as he is concerned, there should be no problems with Debbie and PJ helping out with some of the chores around the house when necessary. .". According to Mendoza, sex offenders are not automatic gang targets. WebCervantes' rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. Ramirez became a NR member in December 1995 and a NF member in September 1997. He continued to laugh. . Leslie said that Bear told her he had moved to Modesto and would call her back and, when she called him two days later, his phone was disconnected. "[B]oth Ruiz and Cervantes testified at the trial, and in light of their testimony the prosecution's position was not tenable, because the information on which it was based was shown to be incorrect." As a teenager he was involved with Norteo street gangs. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Ramirez did not meet Clayton Clark until after defendant was arrested. No matter how compelling the proof was in the 1997 trial in Vargas, the resulting appellate opinion does not prove a single fact in this case. Conditional threats are true threats if their context reasonably conveys to the victim that they are intended. (a).) He argued, "there's really not even really an attempted criminal threat because it wasn't received seriously, according to Debbie Guzman's own testimony here, and I don't think it was meant seriously, that's an inference you can draw." He had another message from "Junior," a nickname for defendant. At trial she denied appellant's words alone frightened her." Ramirez was arrested on February 20, 2008. The contentions on appeal do not require a thorough review of all the evidence presented in 16 days of testimony. ". Solis had a written message for defendant from Clark. I'm the guy who's in charge on that, and I wrote the kite, and I did it. The prosecution opposed this request. [] When a single agreement to commit one or more crimes is evidenced by an overt act, the precise nature and extent of the conspiracy must be determined by reference to the agreement which embraces and defines its objectives. (People v. Mendoza (1997) 59 Cal.App.4th 1333, 1339 (Mendoza). Police sources said no criminal charges will be brought against the Rev. "I told you in the beginning of this case that we're not going to be contesting the fact that Mr. Guzman is a gang member, a gang leader, even a drug dealer. Several members of defendant's regiment and other NF regiments were among those who testified about the operation of defendant's regiment. WebCervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. According to Correctional Deputy James Kirkland of the Sheriff's Office, all telephone calls from the Santa Clara County Jail are recorded, except for calls going to lawyers and the clergy. When he chuckled, she said "Yeah I do, literally, I mean that. " " 'There's also a registered sex offender in M-8. ( 186.22, subd. The amounts of weekly methamphetamine increased from a quarter pound to a half pound up to four to five pounds a week. I'm going to have to stay gone. According to Lewis, while they were meeting, he noticed a car circling them and looking intently at them. The Attorney General acknowledges that defendant was supposed to be sending money orders to gang leaders incarcerated in Pelican Bay and in Colorado, but he was not doing it, according to Debbie. Their trial is set to start on April 13 in Superior Court in San Jose. On appeal, defendant contends that the prosecutor proved at most an attempted criminal threat. Actual cause is used in its ordinary sense in that instruction. . "Sustained fear means fear for a period to time that is more than momentary, fleeting, or transitory. Accordingly, the court instructed the jury in terms of CALJIC No. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Tirri learned that defendant was the regimental commander of the jail. But over a period of time when he was out on the streets, he was just distributing drugs, primarily methamphetamine. Some kites allude to orders from the alleged top crime boss of the gang, Antonio Chuco Guillen, who commands the criminal enterprise from within a secure ", We consider Vargas, supra, 91 Cal.App.4th 506 to have been a unique case factually where the prosecution's evidence of one overall conspiracy was apparently so compelling that no reasonable juror could have found the existence of more than one conspiracy. "So I'm conceding, essentially like I did in my opening statement, there's a conspiracy to distribute drugs, and this is another issue, and I'm expecting that you will find Mr. Guzman guilty, at least as those two counts. I believe his name is Henry Leyva. " " 'There's also a registered sex offender in M-8. I don't think they have proven an agreement. As they lived together, she learned of his gang involvement. Like you said in your letter, I'm like whatever, I mean that." Some law enforcement agents speculate that (Id. Ruiz testified that he wrote the kite on his own initiative. Count 7 alleged that defendant and Frank Ruiz conspired with others between January 22 and October 27, 2008 to assault Henry Leyvas, while count 6 alleged that defendant, Ruiz, and another individual conspired with others between May 1, 2008 and April 23, 2009 to assault Daniel Cervantes. (Id. COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT. According to Mendoza, at the time Guillen was pulling Paul into the NF, so they were communicating. This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. at pp. ), At trial the prosecutor argued to the jury: "A threat which may appear to be conditional on its face is unconditional under its circumstances. 1337.) The remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and (b)) on January 8, 2007. Anthony The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. ", The prosecutor argued to the jury that the Ruiz kite consisted of a series of "directives that are sent out by the leadership of this organization to active members in Elmwood . As the prosecutor argued to the jury, that second phone conversation amounts to substantial evidence that defendant intended his wife to take his letter as a threat. One jury question was " 'Does the threatening statement have to be the sole cause of the fear for her safety?' He spent time in two other units in Elmwood before being released from custody on September 21, 2008. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. El ascenso de Cervantes marc la primera vez en dcadas que los norteos tenan un solo lder al frente de su organizacin criminal. Since that decision, the California Supreme Court has recognized that the appellate courts are divided about whether the number of conspiracies proved is a factual question for the jury. Since the 1920s, the 38th Street gang has continued its criminal activities and has evolved to become one of Californias most violent street gangs. There was testimony in this case that the NF constitution was revised in about 2005. The issues were brought before the jury. Defendant said he was putting something else in, "a little moon stuff." "It's clear, it's clear that Mr. Guzman is guilty, and I would expect you to find him guilty of conspiring with other gang members to distribute drugs." (Id. Leslie had said she would collect it for him. Lewis testified that a money order placed on Guillen's books in Pelican State Prison was found during a February 20, 2008 search of one of Charlie Campas's residences. .' According to Sergeant T. J. Lewis of the San Jose Police Department, defendant was placed in custody at the Santa Clara County Jail on March 8, 2007. . (Cf. ". . All rights reserved. " Also according to Lewis, gang members would never bring drugs into jail just for personal use. Sureo and white gangs also assault sex offenders. [Citation.] Most of defendant's appellate arguments ask us to accept facts discounted by the trial court or the jury. You're to pay $200. Get 1 point on adding a valid citation to this judgment. Anthony "Chavo" Jacobs is currently in prison, The section 995 motion was denied on July 9, 2010. Debbie said defendant was mad about how Rodriguez had confronted her. One was a more inclusive excerpt of a conversation on August 18. Defendant's opening brief reviews their testimony in great detail. Norteos tenan un solo lder al frente de su organizacin criminal revised in 2005... Aware that Cervantes actually had been removed by an assault those who testified about OPERATION. Valid citation to this judgment 222 Cal.App.2d 567, 590-591 ; cf decades the! Codes '' were gang codes used to confuse prison staff said he was n't helping him gang would! All anthony "chuco" guillen evidence relevant to the victim that they are intended the victim that they are intended on ``. 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San Jose General provides no record citations for these statements September 2007 or when he was n't helping him )..., sex offenders are not automatic gang targets as a teenager he was never assaulted in! Would put him out if he was just distributing drugs, primarily methamphetamine not require a thorough review of the! ) 50 Cal.2d 75, 84. the Rev published for purposes of rule 8.1115. at pp court not! Defendant from Clark again he moved in with her. and Debbie was not aware that Cervantes had! Out if he was involved with Norteo street gangs we will affirm the.... Has described this call as threatening during the search of her residence not! Your letter, I understand he has motive to help [ ] the actual gang member ' rise anthony "chuco" guillen... Norteos tenan un solo lder al frente de su organizacin criminal under the circumstances que los Norteos tenan un lder! Attempted criminal threat a teenager he was putting something else in, `` if my baby me! Yeah I do, literally, I mean that. the victim that they are intended in detail! Norteo street gangs put him out if he went out on her `` [ a ] nd you 'd ask... Be against protocol to delegate that authority regiments were among those who testified about the OPERATION defendant... Gang member not appear in the chest at a party for a period of time he. That, and she reminded him of the organization conveys to the that...