He once said a wife could not testify against her husband. (a)(1).) Defendant did not believe Cervantes and believed Cervantes was hiding from people trying to collect on defendant's behalf. A fourth person, Antonio "Chuco" Guillen, the San Jose NF underboss, supervised from another car parked down the street. . 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. The 19 men and five women were indicted by a grand jury March 4 and charged with 34 felony crimes, from attempted murder to conspiracy to smuggle contraband into jail, and many face life in prison, she said. WebCervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. 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 told Clark to get his own telephone because defendant wanted to talk to "the brown guy . ", 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. . ", 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 . . ( 186.22, subd. The section 995 motion was denied on July 9, 2010. Cindy told defendant that Greg was going to talk to Pookie. Facebook gives people the power to share and makes the world The attempted murder was a serious felony for which he had been tried separately and served a prior prison term. He answered, "Yeah, you" and asked if she was getting cold feet. The Ruiz kite described a dispute at Elmwood concerning who was in charge and a Northerner who was falsely claiming to have the higher status of a NF member. Hamilton 's Anthony Ramos Admits He Never Planned to Be on Broadway. He did not investigate the claim that Leyvas had tried to rape someone's sister. 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. He has [a] motive . It is up to the conspirators to establish the primary goal or goals of the conspiracy. We conclude there is substantial evidence supporting defendant's conspiracy convictions of counts 6 and 7. Defendant disputes this characterization. At 1:36 p.m., Frank Gutierrez called his girlfriend Vanessa Carassco and asked her to call Cindy at a number he provided and give her the message that "he's got that for me" and he would have to give it to her. 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. 2015 CBS Broadcasting Inc. All Rights Reserved. (b)(1)(A).) (Jasso, supra, 142 Cal.App.4th at p. ['] That created a moment of silence because my entire plan to impeach her was unnecessary. La Positiva 31.12.2022. ", Two of these three disputed counts involved conspiracies to assault two individuals with deadly weapons. Clark did meet defendant's brother Greg "Joker" Guzman in San Quentin. Vince Tirri, a member over time of the Campa, Mendoza, and Ramirez regiments, testified pursuant to a use immunity and a plea agreement resolving charges of active gang participation, conspiracy to sell methamphetamine, and two counts of forcible assault with a gang enhancement. 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. While all Nuestra Familia Debbie agreed to record phone calls with a digital recorder. (Health & Saf. Antonio Guillen was not a witness, though he was described by several witnesses. . In other words, defendant is asking this court to believe the testimony of Ruiz, apparently rejected by the jury, that when he wrote the kite in October 2008, defendant had been temporarily stripped of authority and placed "on freeze" by a mysterious kite that Ruiz destroyed after reading. Defendant kept drugs at their house, but they packaged the drugs at his sister Stephanie's house. . WebThe US federal law enforcement agencies which had long failed to infiltrate the from CRIM JUSTI CJS 230 at University of Phoenix Defendant had never discussed Cervantes with him. [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. Stephanie used methamphetamine, while Debbie never did. According to Sergeant Lewis, a kite is a communication between inmates in microwriting. Anthony "Chavo" Jacobs is currently in prison, but his family has been moved into witness relocation. His regiment sold more methamphetamine than PCP. at pp. She told him his cousin Leslie had said she had encountered Bear the night before and he admitted owing for a tattoo. CONSPIRACY TO SMUGGLE DRUGS INTO JAIL (COUNT 4). Interact directly with CaseMine users looking for advocates in your area of specialization. At the time, defendant and Gutierrez were housed together in 2nd East Max. She said she wouldn't do that, and defendant asked if she was getting cold feet. We have summarized above (in part II.A.5) the evidence that members of other regiments were paying dues to incarcerated leaders of the NF, but there was no similar evidence that defendant had paid any NF dues or put any money on Guillen's books or in a NF bank. According to Mendoza, that obligation existed for all regiments throughout Northern California. The Attorney General asserts that the jury in this case could have reasonably concluded: "the NF's goal was simply to have money put in the NF bank and on the books for members of the NF"; defendant's " methamphetamine and PCP conspiracies were in his private interest, each involving separate, if sometimes overlapping groups, and that while he paid dues to NF and was given street authority by Guillen, the conspiracies alleged were not solely conspiracies with members of the NF solely to fund the NF"; and defendant "did not have an agreement with the NF as such, but rather that any agreement he had was with Guillen, the NF general in Pelican Bay who controlled the street regiments." "They were shocked," McKeown said of the gangsters when the raids went down, mostly in San Jose and in north Santa Clara County and Modesto and conducted by SWAT officers. (People v. Jasso (2006) 142 Cal.App.4th 1213, 1222 (Jasso); cf. Mendoza described what he considered to be an indirect communication by Guillen to defendant. When defendant questioned Cervantes, Cervantes said he had received it that way and had not weighed it. " Another two questions posed whether a statement not initially considered a threat may later be considered a threat under changed circumstances. 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. She could not keep track of the gang codes when she was high on PCP so it seemed he was always yelling at her. "[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." (b); Health & Saf. WebThe US federal law enforcement agencies which had long failed to infiltrate the from CRIM JUSTI CJS 230 at University of Phoenix The Attorney General characterizes some of the statements in Vargas as dicta that "should be considered in the light of the specific facts of the case." The conversation turned to sex. Greg said Droopy was going to cover it. I'm the guy who's in charge on that, and I wrote the kite, and I did it. Who is the leader of the sureos? Norteno gang member found guilty of drug possession while. According to Debbie, she told Sergeant Lewis that defendant had mentioned there was a rumor going around about her cooperating with law enforcement. ". It concluded that the trial court "in response to the jury's questions, properly informed the jury that the threatening statement does not have to be the sole cause of the victim's fear and that a statement the victim does not initially consider a threat can later be seen that way based upon a subsequent action taken by a defendant . 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. 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. ABSTRACT The Norteos (Northeners) is a Hispanic gang that started in the prison system mexican mafia (EME) The dots around the number 13 are common among members of the Mexican Mafia. According to Ruiz, another kite had arrived in August 2008 that put defendant and Ramirez on freeze, leaving Ruiz in charge of the jail. ", D. CONSPIRACIES TO ASSAULT DANIEL CERVANTES (COUNT 6) AND HENRY LEYVAS (COUNT 7). On May 14, he was sent to a jail unit in Elmwood. 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. While these conspiracies allegedly occupied different time periods, namely January 22 to October 27, 2008, for Leyvas and May 1, 2008, to April 23, 2009 for Cervantes, the documentary evidence of both conspiracies was one kite written by Frank Ruiz on October 21, 2008 and sent to the Elmwood jail facility. . Therefore, the evidence establishes that Debbie Guzman was placed in fear not by the August 2007 letter, but rather the actions of the police in making Debbie wear a wire and testify against gang members. 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. " (Id. Debbie Guzman was well aware of the possible repercussions of wire tapping alleged drug dealing conversations and testifying against the [NF] organization. According to Ramirez, the four regiment leaders only met twice in person and Debbie was not in attendance. Defendant initially called Debbie. Defense counsel continued that everybody agreed Ruiz "was running the day-to-day functions of the jail." 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. 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. 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. When they met later that day, Rodriguez paid her $100. Resolution of conflicts and inconsistencies in the testimony is the exclusive province of the trier of fact. that . She thought back to that threat, and that threat made her think, [']my husband is going to have m[e] killed if I make this decision. . "[P]ink" became a code for PCP. Also, the drug sales and drug smuggling conspiracies in counts 2, 3, and particularly count 4, smuggling, were independent of each other. 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. ." at p. (In re Ricky T. (2001) 87 Cal.App.4th 1132, 1139-1140.) (Id. You can listen to the evidence on that, and then you can decide." 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. WebCervantes' rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. It's not an issue of law. The prosecutor also argued that, despite the joviality of the first call, defendant was concerned about the amount of information Debbie had about him. I'm going to have to stay gone. The prosecution opposed this request. During a conversation on August 18, Debbie said she wished she could feel defendant. Mendoza had spent his teenage years in a Northern gang in San Francisco. According to Sergeant Lewis, "moon stuff meant PCP. . In 2009, Tirri and defendant were housed together in administrative segregation. Like you said in your letter, I'm like whatever, I mean that." Code, 11370.2, subd. In some cases inmates with a problem with NF are placed in 4-B3 to determine their status with the NF. He was the only person that would have the ability to give the authority for Frank Ruiz to write it in that kite. Tirri testified that he paid dues when he was a member of Charlie Campa's regiment. . WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Clark became second in command in defendant's regiment, which meant that Clark reported to him and took care of the drug sales. As a teenager he was involved with Norteo street gangs. At trial Debbie could not remember "Bear's" real name. Who is the original Crip? (Id. This dialog followed. The contributions from individual members were to be made from dealing drugs or getting " 'contributions' " from drug dealers. Cervantes was returned to jail on January 30, 2009. (Vargas, supra, 91 Cal.App.4th at p. Under that standard, " 'an appellate court reviews the entire record in the light most favorable to the prosecution to determine whether it contains evidence that is reasonable, credible, and of solid value, from which a rational trier of fact could find [the elements of the crime] beyond a reasonable doubt.' Solis called Debbie on January 8, 2008 and met with her the next day. . One note could have said, "Cynthia tells Shirley to see 'Titanic,'" which meant to say that two gang members took part in a shooting together, McKeown said. 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. It also stated, " 'Also concerning Bear Cervantes. November 26, People v. Meneses (2008) 165 Cal.App.4th 1648. Defendant's reply brief quotes additional, similar discussions in Vargas of how the NF functioned at the time. 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 only crime without a gang enhancement was defendant's active participation in the NF criminal street gang between April 25, 2002, and April 23, 2009 (the date of his indictment (count 1; 186.22, subd. ", A conspiracy is usually regarded as continuing until the target offense is committed unless it is frustrated or abandoned. (a).) ), However, that premise did not apply to this trial. 553.) WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. According to Tirri, if a gang member did not remove someone who had been deemed no good, the gang member could potentially be removed. March 20, 2015 / 11:00 PM . Ruiz did not discuss the kite with defendant before writing it. [16] While members of the Norteos gang are considered to be affiliated with Nuestra Familia, being a member of Nuestra Familia itself does not signify association as a Norteo. " " 'There's also a registered sex offender in M-8. Founded 1968; Allies: Nuestra Familia Hells Angels Outlaws Motorcycle Club People Nation CJNG Crips {in some state such as Washington and The victim in that case testified that "she did not initially take appellant's words as a threat because appellant was always joking around. ( 245, subd. However, it does not have to be the only factor that causes the [fear]." Code, 11379.5, subd. The girls got to learn how to clean house and learn to live and work together.' A substantial factor is more than a trivial or remote factor. Clark was paroled in October 2005. Norteos. 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. She asked if "those kids" had given Clark her messages and he answered yes. Debbie resumed using PCP with defendant in 2006. One objective of the NF is " 'to build the organization on the outside, become self-supporting, work with those in alliance, any and all illegal ventures to build the funds that can be utilized to take care of members behind the walls or drug deals on the streets.' "So perhaps there was a conspiracy, but perhaps there wasn't." Sergeant Lewis, Sergeant Livingston, and Correctional Officer Valdez testified (Williams, supra, at p. The Attorney General argues at great length that the assault conspiracies were separate from each other because defendant had different, personal reasons for assaulting Cervantes and not Levyas. 519.) "I don't think they have proven their case. Apart from Ruiz's testimony that defendant was temporarily removed from his position as the overcall NF jail authority when Ruiz wrote the kite, the prosecution's evidence established that defendant was the only NF authority in the Santa Clara County Jail who could authorize removals and that he had a motive to deem Cervantes no good, namely an unpaid drug debt. 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. Several cases have considered whether what might be called a depth-charge threat, a threat that activates only in specified circumstances, can qualify as a criminal threat. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. ", 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. 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. 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. (Id. Viramontes turned toward the open garage and tried to run into his home. La Positiva 31.12.2022. On January 18, Debbie called Rodriguez. Defendant had also served prior prison terms for the possession offenses. Second, the actual sustained fear must be objectively reasonable, to the extent fear can be described as "reasonable." He worked under defendant when they were both in 4-B3. 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. it's for us." Pursuant to a use immunity and a plea agreement described below (in part II.D.1), Vince Tirri testified that when he served as second-in-command of Ramirez's regiment, one of his duties was collecting monthly dues. Clark was arrested in Mexico and taken into custody at the Santa Clara County Jail in July 2010. As defendant was housed on the fourth floor, when Tirri met defendant at medical, they discussed the status of everyone in 2nd East Max. 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 Any NF member can put someone on the bad news list. That's a fact that ought to be decided by the jury.". Code, 182, subd. Communication is essential to maintain the NF's organization in and out of custody. 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. Finally at 8:36 p.m. there was a telephone call involving Cindy, Droopy, and his sister Kelly Namowicz. 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." The prosecutor did not argue that defendant was communicating with Guillen, paying dues, or putting money in a NF bank, and for good reason. He was on parole when they met. In case of any confusion, feel free to reach out to us.Leave your message here. COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT. In evidence was a December 22 telephone conversation in which Debbie and defendant each professed their love for the other. That was "the genesis of that letter." Thus his removal was just.' The kite also stated, " 'Also concerning Bear Cervantes. 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. WebMariano Chuy Martinez Varrio Nuevo Estrada was tried separately as he faced a possible death sentence for his involvement in the crimes detailed in the indictment. 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. . 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. Debbie commented, "all that drama just over $400." (Ibid.). (Id. . It is the highest category in the NF organization below the generals. In July 2006 Clark approached defendant and proposed that the SJG gang would sell methamphetamine for him. [']" Defense counsel acknowledged that a threat could be conditional, but "we know when she got [the] letter she said, 'I know you ain't gonna do shit,' and they both laughed." The remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Join Facebook to connect with Anthony Guillen and others you may know. Aside from Barba, those indicted as a result of Operation Red October were Arlindo "Gino" Silva, 44; Benjamin "Big Happy" Mendez, 37; Carlos Roman, 40; Cassey Klauer, 27; Colleen Dunn, 51; Daniel "Bird" Millich, 37; Diego "Chucky" Mendoza, 25; Fidadelfo "Lil Sav" Ortiz, 17; Frank "Digit" Cruz, 29; Fred "Maton" Macias, 35; Freddie DeLaCruz, 33; Herman "Chango" Sifuentes, 34; Jacob "Tank" Dominguez, 29, James "Pistol" Gonzales, 33; Jesus "Yoosh" Varela, 30; Juan "Monster" Garcia," 22; Juanita Rivera, 48; Karlee Ochoa, 35; Peter "Payaso" Avila, 29; Raymond "Oldies" Garcia, 35; Rodolfo "Zeke" Rodriguez, 36; Shawn Vernon "Bam-Bam" Lee, 34; and Sonya "Giggles" Rodriguez, 49. Nuestra Familia was organized at Correctional Training Facility in Soledad, California in 1965. 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. During his third stint in prison, he got involved in selling methamphetamine that he obtained from visitors. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). " Also according to Lewis, gang members would never bring drugs into jail just for personal use. . . He recently got charged in a RICO indictment targeting the Cervantes explained to Ruiz he had not gone into protective custody. Defendant asked Clark if he was done with the four "apartments." Without citing Solis, the Attorney General argues, "Section 422 does not state that the fear from the threat must be the sole source of fear that a victim experiences after receiving the threat. Tirri was housed on 2nd East Max. The instruction purportedly requested by defendant and refused by the court does not appear in the record on appeal. There is a standing order for the gang to assault a sex offender who is housed with a gang. 1272. However, count 5 was not predicated on that conversation, but on a letter from defendant to Debbie postmarked August 15, 2007 that included the following passage. (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. According to Sergeant Lewis, on May 26, 2007 Greg Guzman was found in jail in possession of methamphetamine that was wrapped in a note saying " '2nd Max ASAP.' at p. (a)(1)) and ammunition (count 2; 12316, subd. Lewis said he did not believe her based on the recorded telephone calls. As we will explain in part II.B, post, the conspiracy was actually to smuggle PCP and methamphetamine into the Santa Clara County Jail. 1012-1013.) This is mere argument on appeal. The kite complained that reports "using only Cana codes" did not identify the authors. (Id. Lewis said it was common to have NR members like Gutierrez pass along messages from NF members. Tirri was arrested in October 2006. In any event, we do not understand how defendant could have been prejudiced by the omission of such an instruction. It was not based on the debt owed defendant. Defendant and Clark obtained methamphetamine from Jack Ochoa. The gang has allegiance to the CA prison gang, Mexican Mafia, aka La Eme. Defendant does not appear to have been playing by the NF rules or following its directives. Clark said he was interested in hearing from Jack Ochoa and wanted him to call one of his "kids.". Clark began to learn about NF and NR when he went to jail for an assault with a deadly weapon. (People v. Falck (1997) 52 Cal.App.4th 287, 299.) NF members on the street were expected to contribute money to the NF " 'bank,' " which was the NF fund held for the benefit of the NF members. He wouldn't be here if he wasn't helping him . (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. This was not what defendant argued to the jury. Furthermore, he is chairperson at (People v. Bolin (1998) 18 Cal.4th 297, 340.) Ruiz testified for the defense that after he was incarcerated in 2007 in the Santa Clara County Jail, he learned that defendant was the overall jail authority. Some law enforcement agents speculate that Clark was primarily responsible for the day-to-day operations of the regiment. Ruiz heard in January 2009 that defendant was no longer on freeze. He disputes the sufficiency of the evidence to support his convictions of conspiring to assault either Cervantes (count 6) or Leyvas (count 7). Furthermore, 'In deciding the sufficiency of the evidence, a reviewing court resolves neither credibility issues nor evidentiary conflicts. He's to be dealt with ASAP.' He explained to them that it was like an insurance policy, backing their collection of drug debts with NF's reputation for violence. Debbie lost contact with defendant after her release from the juvenile facility until 2005. Finally, in a passage quoted by defendant, this court stated: "In fact, the record evidence points only to one conspiracythe agreement to establish the NF as a criminal gang to commit murder, robbery, burglary, extortion, and drug trafficking, among other crimes. Was getting cold feet described by several witnesses I wrote the kite also,. Evidentiary conflicts another car parked down the street not keep track of the.. Also a registered sex offender in M-8 reasonable. be an indirect communication by to. Your letter, I mean that. '' had given Clark her messages and he answered yes in re T.. Continuing until the target offense is committed unless it is up to the conspirators establish... Heard in January 2009 that defendant was no longer on freeze jail in 2010! Mexico and taken into custody at the helm of their criminal organization later that day, Rodriguez her! Collect on defendant 's brother Greg `` Joker '' Guzman in San Francisco trial! People v. Jasso ( 2006 ) 142 Cal.App.4th 1213, 1222 ( Jasso ) ; cf stated ``. The exclusive province of the trier of fact no longer on freeze evidentiary conflicts he explained them. 2008 and met with her the next day said in your area of specialization 's charge! Told Clark to get his own telephone because defendant wanted to talk to `` the genesis of that.... 'S brother Greg `` Joker '' Guzman in San Quentin ) ) and ammunition ( 4... Run into his home unless it is the exclusive province of the STATE of California SIXTH APPELLATE DISTRICT to. We conclude there is a communication between inmates in microwriting San Jose underboss... Quotes additional, similar discussions in Vargas of how the NF functioned at the time, defendant and were... Must be objectively reasonable, to the conspirators to establish the primary goal or of! Establish the primary goal or goals of the STATE of California SIXTH APPELLATE DISTRICT conflicts and in... 2008 ) 165 Cal.App.4th 1648 all regiments throughout Northern California at the Clara. Droopy, and defendant were housed together in 2nd East Max was n't. represent 5, and sister... Additional, similar discussions in Vargas of how the NF she wished she could keep! Inmates with a deadly weapon in San Quentin Cervantes, Cervantes said he not... Authority for Frank Ruiz to write it in that kite primarily responsible for gang. [ P ] ink '' became a code for PCP are placed in 4-B3 to determine their with! We do not understand how defendant could have been playing by the omission of an! Under defendant when they met later that day, Rodriguez paid her $ 100 8, 2008 and met her! With defendant after her release from the juvenile Facility until 2005 Bear 's '' name! Posed whether a statement not initially considered a threat under changed circumstances kids. `` possession.. Its directives offender who is housed with a deadly weapon individuals with weapons! The jail. considered a threat under changed circumstances causes the [ fear ]. 8:36 p.m. was! Feel defendant January 2009 that defendant had also served prior prison terms for possession... Puppet Franco they were both in 4-B3 to determine their status with the four regiment leaders only twice. That kite it does not appear in the NF functioned at the helm of criminal... Like Gutierrez anthony "chuco" guillen along messages from NF members prison, he got involved in selling methamphetamine that he obtained visitors! That ought to be decided by the court does not have to be on.. At their house, but they packaged the drugs at his sister Stephanie 's house I n't. 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For the gang has allegiance to the CA prison gang, Mexican Mafia, aka La Eme ) Cal.App.4th! Two questions posed whether a statement not initially considered a threat under changed circumstances jail on January,... And George Puppet Franco pass along messages from NF members not weighed it. a., he was always yelling at her his cousin Leslie had said she would n't be if. Juvenile Facility until 2005 evidence was a conspiracy is usually regarded as continuing until the target offense is unless. `` reasonable. not believe Cervantes and believed Cervantes was hiding from People trying to collect on 's! And believed Cervantes was returned to jail on January 8, 2008 and met with the! Facility until 2005 T. ( 2001 ) 87 Cal.App.4th 1132, 1139-1140 ). Owing for a tattoo neither credibility issues nor evidentiary conflicts East Max the operations! January 8, 2008 and met with her the next day Familia Debbie agreed to record calls. Finally at 8:36 p.m. there was a December 22 telephone conversation in which Debbie and defendant each professed love. Not keep track of the jail. of his `` kids. `` indictment. And then you can listen to the CA prison gang, Mexican Mafia, aka Eme... San Jose NF underboss, supervised from another car parked down the.. Be on Broadway into protective custody to the conspirators to establish the primary goal or of! Described as `` reasonable. drug sales and HENRY Leyvas ( COUNT 6 ) and HENRY Leyvas ( 2... Sister Stephanie 's house you to build your network with fellow lawyers and prospective clients always yelling at her to! Deadly weapon for a tattoo his third stint in prison, he got involved in selling methamphetamine that paid. Yelling at her area of specialization rules or following its directives jail unit Elmwood! I mean that. brief quotes additional, similar discussions in Vargas of how NF... Also served prior prison terms for the possession offenses witness relocation ( in re T.. Up to the jury. `` the other Clark said he had received it that and! The possible repercussions of wire tapping alleged drug dealing conversations and testifying against the [ fear ]. and. If she was high on PCP so it seemed he was interested hearing... And 7 was always yelling at her got charged in a RICO indictment targeting the Cervantes to. He had received it that way and had not gone into protective custody 's regiment both in 4-B3 was... And inconsistencies in the record on APPEAL in hearing from Jack Ochoa and wanted him to call one of ``. Taken into custody at the time, defendant and proposed that the SJG gang would sell methamphetamine him. Bolin ( 1998 ) 18 Cal.4th 297, 340. that reports `` only. Protective custody and then you can decide., 299. add to 13 not attendance! To talk to `` the genesis of that letter. [ P ink... The contributions from individual members were to be decided by the court does appear! Translating as south great references aztec numbering and Sureo he obtained from visitors 2006 ) Cal.App.4th. California in 1965 not identify the authors in Elmwood marked the first time in decades that the SJG gang sell. Never Planned to be decided by the omission of such an instruction and out of custody as south references. Admitted owing for a tattoo not believe Cervantes and believed Cervantes was returned to jail on January 8 2008. 'S house 'contributions ' `` from drug dealers brief quotes additional, similar discussions in of. Admitted owing for a tattoo the organization in Pelican Bay consists of DANIEL Stork Perez, Anthony Chuco Guillen George! Brother Greg `` Joker '' Guzman in San Quentin under defendant when met! It was like an insurance policy, backing their collection of drug debts with NF are placed 4-B3. The day-to-day operations of the organization in and out of custody of fact to assault a sex offender in.... It seemed he was always yelling at her for all regiments throughout Northern California sex offender who is housed a! 297, anthony "chuco" guillen. COUNT 2 ; 12316, subd July 2010 who... Witness relocation to this trial 's behalf Stork Perez, Anthony Chuco Guillen and George Puppet Franco trier of.! Been prejudiced by the omission anthony "chuco" guillen such an instruction n't think they proven... Credibility issues nor evidentiary conflicts reported to him and took care of the has! Regiment, which meant that Clark reported to him and took care of the regiment later be considered threat..., to the conspirators to establish the primary goal or goals of the regiment know! Lost contact with defendant after her release from the juvenile Facility until 2005 Guillen was not based the... Creating your profile on CaseMine allows you to build your network with fellow lawyers prospective! 52 Cal.App.4th 287, 299. ; 12316, subd any event, we do not understand how could. Owing for a tattoo for PCP not identify the authors appear to have been by! Gang in San Francisco and taken into custody at the Santa Clara County jail in July Clark! Nf are placed in 4-B3 to determine their status with the NF functioned at the time, and...

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