"My one and only, my sometimes difficult one and only, but, nevertheless, she's mine and I love her to death and I mean that literally. We do not believe the jury could have reasonably reached these conclusions based on the evidence. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. An immediate ability to carry out the threat is not required.". Thus his removal was just.' Defendant asserts there was a lack of proof that he intended his wife to take his letter as a threat. After the jury verdict, he entered a no contest plea to the weapon possession charge and admitted a strike allegation with the understanding that the prosecutor would dismiss the other charge and various enhancements and that defendant would receive a 16-month consecutive sentence for that offense. Had defense counsel asked for an instruction like CALCRIM No. 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. Other evidence that defendant had engaged in multiple drug sales conspiracies was that defendant had at least two different individuals as sources of methamphetamine and PCP, and he provided those drugs to different individuals. According to Tirri, if a gang member did not remove someone who had been deemed no good, the gang member could potentially be removed. (Id. Before defendant was arrested in March 2007, the regiment was selling from two to five pounds of methamphetamine a week. They've done it since the 60s.". The remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and In any event, we do not understand how defendant could have been prejudiced by the omission of such an instruction. --------. . ' " [Citations.]' It is the commander's responsibility to conduct an investigation before deeming a person no good. Defendant also contends that, in light of the factual controversy at trial about what caused Debbie's fear, the court should have given a sua sponte instruction in terms of CALCRIM No. C. CRIMINALLY THREATENING DEFENDANT'S WIFE (COUNT 5). at p. . Defendant's record citations do not support this statement. ". Mendoza had spent his teenage years in a Northern gang in San Francisco. The prosecutor did not argue that defendant was communicating with Guillen, paying dues, or putting money in a NF bank, and for good reason. And so if you make a bad decision, if you remove someone for reasons that are unjust, that person could be subject to discipline by the organization themselves. ), Defendant has relied heavily on this court's Vargas opinion to support his conclusion that only one conspiracy has been proved. In July 2006 Clark approached defendant and proposed that the SJG gang would sell methamphetamine for him. WebAntonio Cojuangco (born in 1951) is a Filipino Businessman from Manila, Philippines. According to Sergeant Lewis, a sex offender living in a gang member's area in jail could be assaulted without anyone's prior approval. Defendant once told Debbie about a situation in the 1990s when one of the wives got killed for talking after several gang members got arrested for drug sales. 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. Another kite threatened someone to do a "removal," a term for murder, saying, "You are to conduct a removal within two or three weeks and if you don't, you will face violence," she said. (c).). * Enter a valid Journal (must (People v. Catlin (2001) 26 Cal.4th 81, 156 ["the evidence was overwhelming that paraquat poisoning was at least a substantial factor in, if not the sole cause of, her death. ", 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 . [] 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. In another context, the Attorney General's brief cites the testimony of Sergeant Lewis and Mendoza about the obligation of members of other regiments to pay $200 monthly dues, but no testimony about members of defendant's regiment paying dues. (People v. Falck (1997) 52 Cal.App.4th 287, 299.) Code, 11379.5, subd. Lewis said it was common to have NR members like Gutierrez pass along messages from NF members. There was no evidence of a reciprocal communication from defendant to Guillen. A. CONSPIRACIES TO SELL METHAMPHETAMINE (COUNT 2) AND PCP (COUNT 3). The prosecution replied that it was not abandoning the allegation of separate conspiracies by use of the shorthand term "conspiracy." Sergeant Lewis and Sergeant Dan Livingston of the Campbell Police were both involved with the search. Defendant argued that the prosecution's evidence was inconsistent about whether prior approval or an investigation was required to assault a sex offender like Henry Leyvas. He testified for the defense that defendant supplied him with PCP to sell, but he was not among the coconspirators named in count 3 of the indictment. The defense produced excerpts of six other phone calls involving defendant and Debbie between the dates of August 16 and December 22, 2007. Clark was aware that defendant was selling PCP he received from Mario. (Health & Saf. "Sustained fear means fear for a period to time that is more than momentary, fleeting, or transitory. There has to be an incident report explaining any assault. at p. A separate indictment charged defendant with being a felon in possession of a weapon (count 1; 12021, subd. When due for release from prison in March 2005, guards caught Ramirez with a kite that included a rewritten NF constitution and a message from Anthony "Chuco" Guillen, one of the NF generals in Pelican Bay Prison, regarding the loss of authority of the NF generals who had been relocated to federal prisons. She got up on the stand and said, [']I didn't take it seriously. Clark kept returning to prison after being released. " " 'There's also a registered sex offender in M-8. We won't be contesting that issue. 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. Antonio Guillen was not a witness, though he was described by several witnesses. Gillotte spoke with Leyvas about going into protective custody. " Mendoza understood the letter to be relaying Guillen's instructions. "They are literally using the bodies of their members as mules to run their gang," she said. (Id. The kite complained that reports "using only Cana codes" did not identify the authors. While Debbie testified that she was not immediately concerned about the August 15 letter, she did not forget about it either. According to Vince Tirri, if a child molester was not functioning in the gang and posed no immediate threat, no assault was required. The amounts of weekly methamphetamine increased from a quarter pound to a half pound up to four to five pounds a week. [] 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. He asked why she had not disclosed that the police had searched her house. Defendant told Tirri all about Cervantes. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. She asked him not to leave her. The film is based upon an original screenplay by Floyd Mutrux and Desmond Nakano. On appeal Vargas argued that the trial court deprived him "of his state and federal constitutional rights to a trial by jury and due process by failing to instruct the jury to determine the essential factual question whether one or multiple conspiracies existed." "What this represents is a very sophisticated network of the highest-ranking gang leadership out on the streets of our county," she said. On December 17, 2007, the police conducted a search of Debbie's residence while she and her housemate, Leslie Frost, defendant's cousin, were present. At trial she denied appellant's words alone frightened her." Furthermore, 'In deciding the sufficiency of the evidence, a reviewing court resolves neither credibility issues nor evidentiary conflicts. 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. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. La Eme ainda est activa? Communication is essential to maintain the NF's organization in and out of custody. 1014.) The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and They haven't proven their case as to Henry Leyvas for sure because the conspiracy requires an actual agreement. . Tirri testified that he paid dues when he was a member of Charlie Campa's regiment. Mendoza believed that Paul Lopez was the real author of a letter purportedly from his wife Norma to defendant postmarked February 21, 2008. One was a more inclusive excerpt of a conversation on August 18. The jury was instructed in terms of CALCRIM No. At the time, defendant and Gutierrez were housed together in 2nd East Max. Clark was arrested in Mexico and taken into custody at the Santa Clara County Jail in July 2010. Get 1 point on adding a valid citation to this judgment. that . "S" was going to be calling her and bringing her the moon stuff. And there is an oral warning at the beginning of every phone call. He's been deemed no good. However, it does not have to be the only factor that causes the [fear]." There was testimony in this case that the NF constitution was revised in about 2005. named for its northern mexican birthplace, norteo (or, more formally, la musica nortea) is a small-group dance music driven by accordion and bajo sexto. As they lived together, she learned of his gang involvement. (People v. Vargas (2001) 91 Cal.App.4th 506, 555 (Vargas). In one case, a gang member who threatened a man in front of the man's wife and children was ordered by gang leaders to pay a $500 fine, she said. Count 5 alleged that between August 1 and 20, 2007, defendant willfully threatened a crime that would have resulted in death and great bodily injury to his wife Debbie with the specific intent that the written statement was to be taken as a threat, even if there was no intent to actually carry it out, which, on its face and under the circumstances in which it was made was so unequivocal, unconditional, immediate, and specific as to convey to Debbie a gravity of purpose and an immediate prospect of execution of the threat and caused her reasonably to be in sustained fear for her own safety. Once defendant was arrested, Clark was primarily responsible for keeping the regiment functioning and collecting drug debts owed the regiment. El ascenso de Cervantes marc la primera vez en dcadas que los norteos tenan un solo lder al frente de su organizacin criminal. [']" "I don't even think a conspiracy has been proved[] [i]f you give Frank Ruiz any credence whatsoever[. WebView Homework Help - The Norteos Gang" Pre final .docx from CRIM JUSTI CJS 230 at University of Phoenix. People v. Bland (2002) 28 Cal.4th 313, 334-335 ["proximate" cause must be defined for jury when used in instruction]; People v. Fiu (2008) 165 Cal.App.4th 360, 372 [jury was adequately instructed on concurrent, but not superseding, causes of death]. Debbie resumed using PCP with defendant in 2006. Anthony "Chavo" Jacobs is currently in prison, WebRenewed organization Cervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. The Court doesn't determine whether it's a single or multiple conspiracy as a matter of law. The record citations do not support this contention. On December 18, Debbie told defendant during a telephone call that the police raided the house the day before and had torn the house apart and taken all their letters and pictures and computers. Mendoza observed that in the Northern gang hierarchy, the NF was the leadership with NR, the "soldiers," beneath them and unaffiliated Norteos beneath them. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. WebTranslations in context of "" in Russian-English from Reverso Context: - () ( -): . The appellate court reasoned that the nature of a threat may be revealed by subsequent conduct by the defendant and other relevant circumstances. He did not investigate the claim that Leyvas had tried to rape someone's sister. Clark began associating with the San Jose Grande (SJG) Norteo gang and arranged their merger with Westside Gardens. According to Lewis, Debbie kept bringing up a threatening letter. (People v. Jasso (2006) 142 Cal.App.4th 1213, 1222 (Jasso); cf. There was no evidence of even an attempted criminal threat, "because it wasn't received seriously, according to Debbie Guzman's own testimony here . After defendant was incarcerated, Ramirez contacted defendant's PCP supplier, Mario, and obtained PCP from him. The next rung of leaders in Pelican Bay includes Daniel Stork Perez of Salinas; Anthony Chuco Guillen of San Jose, who was involved in the murder of a The contentions on appeal do not require a thorough review of all the evidence presented in 16 days of testimony. According to defendant, "all the evidence is that he was 'on freeze' at the time [the kite] was issued." Count 4 alleged that defendant and seven other individuals, five named in count 2, conspired with others to smuggle a controlled substance into a penal institution between January 1 and June 1, 2007. with that brown ride." ", Parts of defense counsel's closing argument were more specific about the uncontested charges. ), However, that premise did not apply to this trial. The prosecutor attached importance to this second post-letter conversation in argument to the jury. Greg said Droopy was going to cover it. CALCRIM No. Based on disarray in Elmood, the kite directed recipients to file reports of rosters and incidents as soon as possible at 4-B, where Ruiz and defendant were housed. We disagree. An act causes [fear], only if it is a substantial factor in causing the [fear]. Lewis said he did not believe her based on the recorded telephone calls. Based on Gillotte's employment in jail classification and jail intelligence the court accepted him "as an expert in the area of prison street gangs operating in Santa Clara County Jail.". WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Finally at 8:36 p.m. there was a telephone call involving Cindy, Droopy, and his sister Kelly Namowicz. WebNuestra Familia Nuestra Familia; Founding location: Soledad, California Correctional Training Facility: Years active: 1968 present Defendant did not believe Cervantes and believed Cervantes was hiding from people trying to collect on defendant's behalf. The Attorney General provides no record citations for these statements. The prosecutor did acknowledge, "during those phone calls that you've heard, it's clear that the Defendant, they have a roller coaster relationship, and they go up and down." 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. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. (b); Health & Saf. . Clark called Debbie on February 5, 2008. WebAntonio Chuco Guillen (Nuestra Familia General) Chuco is doin 25-life for his role in killing an NF dropout in 1999. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. . It is true that, after Rodriguez questioned Debbie during a January 18, 2008 phone conversation about why she had not mentioned the search of her house, she told Sergeant Lewis that she was afraid of being exposed as an informant. The section 995 motion was denied on July 9, 2010. First, there is a subjective component, that the threat actually caused sustained fear. 1300 has a technical meaning peculiar to the law that requires definition. This material may not be published, broadcast, rewritten or redistributed, First published on March 20, 2015 / 11:00 PM. A Sureo gang member who was the ex-husband of Clark's wife and an ally confronted Clark at home that evening. These are both factual questions for the jury to resolve. 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. 1342.). 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. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. ( 667.5, subd. Accordingly, the court instructed the jury in terms of CALJIC No. . He answered, "Yeah, you" and asked if she was getting cold feet. The premise of defendant's assertion of one overarching conspiracy is that everything defendant did was for the advancement and under the direction of the NF gang. Who is Danny Popeye Roman? Moreover, unless the testimony is physically impossible or inherently improbable, testimony of a single witness is sufficient to support a conviction. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. 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. Yes, American Me is based on a true story.While the film deviates to create imaginary characters and events, the basics of the story remain tethered to reality. Defendant said he had deemed Cervantes no good. An immediate ability to carry out the threat actually caused Sustained fear p.m.... 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