The court accepted Sergeant Lewis as an expert in the areas of "Hispanic criminal street gangs, prison gangs, interpretation of gang terminology, gang codes, and the area of identification of possession for sale or sales of a controlled substance, and the area of recognition of usable amount of controlled substances." Get 1 point on adding a valid citation to this judgment. The only serious challenge to the first four counts that defense counsel made in closing argument was whether they involved multiple conspiracies or one overall conspiracy. Instead, what defense counsel argued was: "when she got up on that witness stand and was asked about that letter, and she said, [']well, to tell you the truth,['] or words to that effect, [']I really [didn't] take it seriously at the time. . Above the phones is a placard saying the same thing. Dreamer and Bad Boy walked up the driveway toward Viramontes, and both began shooting. Most of his arguments are directed at his conviction of threatening his wife (count 5), namely that there was insufficient evidence of a criminal threat, that the evidence established at most an attempted threat because she was not frightened, and that the court should have defined causation sua sponte. He asked for the allegation against defendant to be deleted because defendant was not involved. ), Jasso, which involved three conspiracy counts, relied on the Vargas dictum and concluded "that the court erred in failing to instruct on single versus multiple conspiracies." The evidence in this case focused on defendant's conduct as a NF member between April 2002 and April 2009 and his conduct on the street until his March 2007 arrest. at p. Stephanie used methamphetamine, while Debbie never did. 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 His son Danny and Stephanie helped. CONSPIRACY TO SMUGGLE DRUGS INTO JAIL (COUNT 4). What the Attorney General asserts does not resemble the prosecution's arguments to the jury. Defendant told Clark to get his own telephone because defendant wanted to talk to "the brown guy . NF is a 'cold-hearted gang' that commits murders, burglaries, extortion, and other crimes, including selling drugs to raise money for its members." While there was no dispute that defendant was a NF member, there was evidence that defendant disobeyed the gang's directive to devote a portion of the proceeds of regiment drug sales to the gang. He spent time in two other units in Elmwood before being released from custody on September 21, 2008. She told him his cousin Leslie had said she had encountered Bear the night before and he admitted owing for a tattoo. "[T]he only possible inference [is ]that there was one conspiracy to establish a street regiment to distribute drugs, PCP and methamphetamine." (Ibid.). And then at the end they send money, in theory, they send money to incarcerated members, and they carry out directives coming from inside of the institution." ." . Defendant was similarly the authority for Ruiz's kite identifying Leyvas as a target for removal, even if NF policy allowed the removal of a sex offender without a regimental commander's prior written approval, as defendant suggests. Please log in or sign up for a free trial to access this feature. Defendant asserts there was a lack of proof that he intended his wife to take his letter as a threat. Since the 1920s, the 38th Street gang has continued its criminal activities and has evolved to become one of Californias most violent street gangs. One agreement cannot b[e] taken to be several agreements and hence several conspiracies simply because it envisions committing more than one crime. While all Norteo soldiers and captains in California are expected to follow the orders of Cervantes, a small percentage of the gang remains loyal to the former generals and captains The regiment leaders gave themselves nicknames for telephone use: Ramirez was "Black," Campa was "Brown," Abundiz was "Red" or "Rojo," and defendant was "White." (Health & Saf. . Clark did not collect monthly dues from regiment members. Most of defendant's appellate arguments ask us to accept facts discounted by the trial court or the jury. Defendant had also sent Carlos Roman to collect on the debt. It was Clark's responsibility to keep track of who owed money for the drugs Clark had fronted to them. All rights reserved. "It's incredibly dangerous what he did and he is in great danger," McKeown said. * Enter a valid Journal (must The inmates w Cindy told defendant that Greg was going to talk to Pookie. (Id. One of the cases cited as favoring presenting the issue to a jury was this court's opinion in Jasso, supra, 142 Cal.App.4th 1213. At trial she denied appellant's words alone frightened her." But it says in association with, you might find if it's been proved and the subsequent crimes have been proved.". Who is the leader of the sureos? Jack Ochoa supplied defendant with "ice," methamphetamine. Who started the Norteos? CALCRIM No. According to defendant, "all the evidence is that he was 'on freeze' at the time [the kite] was issued." According to jail records, Cervantes was taken into custody on May 1, 2008. Cervantes said he should have handed "it" directly to defendant instead of to Roman, because defendant said it was short. Antonio "Chuco" Guillen began serving a 25-years-to-life sentence for murder in 2000. . "[I]f a defendant, again acting with the requisite intent, makes a sufficient threat that is received and understood by the threatened person, but, for whatever reason, the threat does not actually cause the threatened person to be in sustained fear for his or her safety even though, under the circumstances, that person reasonably could have been placed in such fear, the defendant properly may be found to have committed the offense of attempted criminal threat." Defendant and Clark obtained methamphetamine from Jack Ochoa. Even if each gang member had uniformly testified that the gang controlled all his thoughts and actions and those of other NF members, the jury would not have been required to believe them. The girls got to learn how to clean house and learn to live and work together.' "[A]t the time that that message went out, we know that the only person that had the authority to be the authority behind that kite deeming Bear Cervantes 'no good' was the Defendant. (U//LES) Kanpoldirectly translating as south great references aztec numbering and Sureo. Lines in Aztec numbering represent 5, and dots represent 1; two lines and three dots add to 13. Had defense counsel asked for an instruction like CALCRIM No. Livingston and Valdez testified that Guillen was in contact with regimental commander James Cramer in October 2005 and that Cramer reported to Guillen. His nickname is Lencho. Hamilton 's Anthony Ramos Admits He Never Planned to Be on Broadway. COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT. Meanwhile, Ramirez was obtaining PCP from defendant indirectly through a third party, Abundiz. it's for us." The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. 1300 that proving a violation of section 422 as charged in Count 5 involved establishing six elements: "[1] The defendant willfully threatened to unlawfully kill or unlawfully cause great bodily injury to Debbie Guzman; [2] [t]he Defendant made the threat in writing; [3] [t]he Defendant intended that his statement be understood as a threat and intended that it be communicated to Debbie Guzman; [4] [t]he threat was so clear, immediate, unconditional, and specific that it communicated to Debbie Guzman a serious intention and the immediate prospect that the threat would be carried out; [5] [t]he threat actually caused Debbie Guzman to be in sustained fear for her own safety, and; [6] Debbie Guzman's fear was reasonable under the circumstances." In later phone calls Debbie asked Rodriguez to put her in contact with Clark, who was in Mexico. I never took it seriously. However, it does not have to be the only factor that causes the [fear]." 'Claims challenging the sufficiency of the evidence to uphold a judgment are generally reviewed under the substantial evidence standard. Someone retrieved the methamphetamine from Cervantes on defendant's behalf. ( 186.22, subd. Their paperwork should be reviewed. 620 [when more than one cause of death]. The Inner According to Debbie, defendant was supposed to be sending money orders to gang leaders incarcerated in Pelican Bay and in Colorado, but was not doing it. He explained to them that it was like an insurance policy, backing their collection of drug debts with NF's reputation for violence. As they lived together, she learned of his gang involvement. [Citation.]' ." Police sources said no criminal charges will be brought against the Rev. La Eme ainda est activa? After that conversation, she called Lewis and said she was afraid of being exposed as cooperating with law enforcement. Tirri was arrested in October 2006. Count 3 alleged that defendant and 12 of those individuals conspired with others to sell phencyclidine (PCP) during the same time period. Pandilleros de la Dieciocho, Los ngeles, Estados Unidos. WebAntonio Chuco Guillen (Nuestra Familia General) Chuco is doin 25-life for his role in killing an NF dropout in 1999. Gutierrez called Vanessa a third time at 3:45 p.m. Removals were always at the direction of gang superiors. Anthony Giuliano, who had been accused of molesting a 15-year-old boy at Holy Rosary We do not believe the jury could have reasonably reached these conclusions based on the evidence. And he conspired to do that with other gang members. . The "kite" messages also seized in the raids are documents that law enforcement had not encountered, she said. Conditional threats are true threats if their context reasonably conveys to the victim that they are intended. "She" would direct her where to go and it had to be done today. On appeal, defendant contends that the prosecutor proved at most an attempted criminal threat. It's a fact. Defendant occasionally fronted him drugs, though Cervantes was not functioning as part of a regiment. The prosecution opposed this request. They did not meet in person at the time. He was treated as a minor celebrity in nightclubs. [] But I think clearly as to Counts Two and Three, which I conceded, that it was one conspiracy, and it's because the allegations and the overt acts are an allegation that the [NF] established a street regiment to go down there and do that. ", 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. Cervantes has been in and out of jail and prison since 1987 and involved with PCP since 1990. Clark said they were close to "finishing the house." When he chuckled, she said "Yeah I do, literally, I mean that. Mendoza had spent his teenage years in a Northern gang in San Francisco. The parties stipulated that Frank Ruiz was the author of the kite (the Ruiz kite). A substantial factor is more than a trivial or remote factor. The section 995 motion was denied on July 9, 2010. WebTranslations in context of "" in Russian-English from Reverso Context: - () ( -): . Accordingly, the court instructed the jury in terms of CALJIC No. This dialog followed. (Mendoza, supra, 59 Cal.App.4th at p. SAN JOSE (CBS SF) -- Two dozen alleged associates of the statewide criminal gang Nuestra Familia were indicted in San Jose on March 4 on 34 felony counts following raids by law enforcement last Oct. 30 in the South Bay and Modesto, according to the Santa Clara County District Attorney's Office. One was a more inclusive excerpt of a conversation on August 18. 240 saying the letter had to be only a substantial factor in causing Debbie's fear, it would have weakened his absolute position and made it easier for the jury to convict defendant of the criminal threat charge. They sometimes spoke during a three-way call involving Debbie. On appeal defendant points to another potential source of Debbie's fear. 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. Somebody's wife was going to bring it to the guy who takes it in. Defendant asked Clark if he was done with the four "apartments." (People v. Williams (2015) 61 Cal.4th 1244, 1270 (Williams).) The evidence in that case focused on NF activities between 1989 and 1993. 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. .". Norteos. Guillen is highest ranking among three gang generals, all housed at Pelican Bay, she said. [] 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. change. On appeal defendant contends that the phrase "actually caused" in CALCRIM No. 1014.) First, there is a subjective component, that the threat actually caused sustained fear. Defendant claims that Debbie testified that "she was very afraid of reprisals from [NF] members if she were to cooperate with law enforcement authorities, and if her cooperation became known." ", Defendant argued to the jury that sometimes removals were not ordered by the highest authority. There was no evidence of even an attempted criminal threat, "because it wasn't received seriously, according to Debbie Guzman's own testimony here . Clark said he had asked Rodriguez to ask her what happened. [] However, if you find beyond a reasonable doubt that there was not one overall agreement, but separate agreements, each accompanied by an overt act, then separate conspiracies have been established. fat ass know . 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." According to Tirri, Ruiz told Tirri that Cervantes had been removed. "He is the granddaddy of the Nortenos in California," McKeown said. He holds important positions in 17 different companies. Tipo de Nmero de. Defendant initially called Debbie. Cervantes testified that he was never assaulted while in jail before he bailed out in September 2007 or when he returned. And we know that everyone, you've heard from all of the experts, John Mendoza, Sammy Ramirez, even sex offenders, every one of those individuals that are going to be removed by the organization, there has to be an investigation done into it. 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. at p. He once said a wife could not testify against her husband. Sergeant Lewis and Sergeant Dan Livingston of the Campbell Police were both involved with the search. WebNuestra Familia es una a organizacin criminal penitenciaria conformada por mexico americanos siendo originaria del norte California. It was a specific threat to have her killed. " (Id. Join Facebook to connect with Anthony Guillen and others you may know. In July 2006 Clark approached defendant and proposed that the SJG gang would sell methamphetamine for him. Defendant had never discussed Cervantes with him. Her testimony that she thought back to the letter with fear once she was considering cooperating with law enforcement was substantial evidence supporting the causation element of the offense. They haven't proven their case as to Henry Leyvas for sure because the conspiracy requires an actual agreement. 1960s: Origen de la pandilla Dieciocho. There was evidence at that trial that "[t]he Nuestra Familia (NF) is a prison gang that was founded in September 1968 by inmates at the California State Prison San Quentin (San Quentin). Defendant had fronted a quarter-pound, four ounces of methamphetamine to Cervantes. He has [a] motive . A joint task force of 250 state and local law enforcement agents "dealt a blow" to the powerful Nuestra Familia The remaining leadership of the organization in At the time, "Frank Ruiz was the authority in charge, the second in command to the Defendant, Lorenzo Guzman." It would be against protocol to delegate that authority. 2015 CBS Broadcasting Inc. All Rights Reserved. ." Defendant said he was putting something else in, "a little moon stuff." Defendant gave him a quarter pound initially. Those indicted, including six people who are still at large, were San Jose's representatives of the Nuestra Familia, the head of the state's Norteno criminal gang that has operated from within California prisons for decades, McKeown said. This is mere argument on appeal. Furthermore, he is chairperson at She enjoyed the status of being his wife. 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. (Santa Clara County Super. In a conversation on August 16, Debbie said, "I got youryour funny letter today." According to Sergeant Lewis, "brown" referred to Charlie Campa and "black" referred to Sammy Ramirez. He answered, "Yeah, you" and asked if she was getting cold feet. "I don't think they have proven their case. WebNuestra Familia Nuestra Familia; Founding location: Soledad, California Correctional Training Facility: Years active: 1968 present . The inmates are notified in three different ways. It was for the jury "to decide, when she got this letter, it was something that put her in sustained fear as opposed to something else that happened later . 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. "So I would expect that you would find him guilty of those counts, and I would expect that you probably would find the gang enhancement to be true because it was done in association with and for the benefit of." Proven their case said they were close to `` the brown guy '' and asked if was! 1 ; two lines and three dots add to 13 with the search jail records, Cervantes was functioning... According to Tirri, Ruiz told Tirri that Cervantes had been removed do n't think they n't. To take his letter as a minor celebrity in nightclubs before he bailed out in 2007. Of Daniel Stork Perez, Anthony Chuco Guillen ( Nuestra Familia ; location! 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