Cervantes has been in and out of jail and prison since 1987 and involved with PCP since 1990. Defendant's regiment was selling methamphetamine, PCP, and sometimes marijuana. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Lewis said it was common to have NR members like Gutierrez pass along messages from NF members. On appeal defendant contends that the trial court erred in allowing the jury to decide whether he was involved in five separate conspiracies as charged, or whether some or all of the charged conspiracies amounted to one overall conspiracy. A NR member who was the second in command would not have the authority to deem someone no good. Four hundred dollars was a small amount of money and it would not have created a problem between defendant and him. (People v. Young (2005) 34 Cal.4th 1149, 1181.)" WebThe US federal law enforcement agencies which had long failed to infiltrate the from CRIM JUSTI CJS 230 at University of Phoenix . . . WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. 231.). Defendant was "the overall authority in the county jail as the regimental commander . 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. Mendoza observed that in the Northern gang hierarchy, the NF was the leadership with NR, the "soldiers," beneath them and unaffiliated Norteos beneath them. Defendant said he was putting something else in, "a little moon stuff." You got to look.[']". The prosecution produced excerpts of 30 recorded telephone calls involving defendant and Debbie between the dates of March 8 and December 14, 2007. 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." He was brought to the Santa Clara County Jail in August 2007 to face a charge. (People v. Hardy (1992) 2 Cal.4th 86, 143.) His son Danny and Stephanie helped. And there is an oral warning at the beginning of every phone call. " ' "If the circumstances reasonably justify the trier of fact's findings, the opinion of the reviewing court that the circumstances might also be reasonably reconciled with a contrary finding does not warrant a reversal of the judgment." Cervantes still acknowledged it was his fault. Who is the original Crip? . According to Sergeant Lewis, "moon stuff meant PCP. 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). We focus on the evidence relevant to the issues and arguments on appeal. ", Defendant argued to the jury that sometimes removals were not ordered by the highest authority. They are all considered enemies of the gang. Gillotte testified that the kite identified its origin as from the "AIC" of "SCCJ MJN 4-B," which stood for Santa Clara County Jail, Main Jail North Unit 4-B. He worked under defendant when they were both in 4-B3. It will never end. Clark became second in command in defendant's regiment, which meant that Clark reported to him and took care of the drug sales. Livingston and Valdez testified that Guillen was in contact with regimental commander James Cramer in October 2005 and that Cramer reported to Guillen. Sergeant Lewis acknowledged that he had not encountered a regiment bank containing large amounts of money. 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. In evidence was a December 22 telephone conversation in which Debbie and defendant each professed their love for the other. (Id. Immediate means the degree of seriousness and imminence which is understood by the victim to attach to the future prospect of the threat being carried out should the condition not be met." 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. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. . .' WebEl liderazgo restantes de la organizacin en el Pelican Bay consta de Daniel "la cigea" Prez, Anthony "Chuco" Guilln y George "Puppet" de Franco. A fourth person, Antonio "Chuco" Guillen, the San Jose NF underboss, supervised from another car parked down the street. B. 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. Conditional threats are true threats if their context reasonably conveys to the victim that they are intended. Their paperwork should be reviewed. ." Who are the Norteos allies? 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.' 620 [when more than one cause of death]. At that moment, the threat became very real. He said, "I'm not going to, that's what I'm not gonna do. The film is based upon an original screenplay by Floyd Mutrux and Desmond Nakano. In defendant's new trial motion, however, he argued that the court should reduce his criminal threat conviction to an attempted threat because the element of sustained fear was lacking. . According to jail records, Cervantes was taken into custody on May 1, 2008. In that case, the defendant was charged with one conspiracy to commit multiple crimes, a conspiracy that alleged 96 overt acts. Steve "Pnut" Barba was convicted of stabbing San Francisco 49ers player Aldon Smith in the chest at a party. Apellido Apellido Primer Segundo Nmero de la. As the jury was instructed, case law has established that some conditional threats still qualify as "so" unconditional as to convey the serious intention of the utterer and a future prospect of execution to the listener. . . Defendant's opening brief reviews their testimony in great detail. According to Mendoza, that obligation existed for all regiments throughout Northern California. 1340. 1223.) When he went to San Quentin Prison in 2000 after a domestic violence conviction, he was invited to join NR. it's for us." (Id. The prosecution responded that some former codefendants just sold methamphetamine, while others just sold PCP, and yet others sold both, so there was evidence of different conspiracies and separate and distinct violations of different statutes. Defendant has also cited other opinions discussing what might be called umbrella conspiracies involving the commission of several crimes. 518.) 1014.) Defendant's trial strategy involved essentially conceding his guilt of the first four counts, which included three conspiracies in addition to the active gang participation alleged in count 1. She said she told Rodriguez she had to report to defendant, not to him. On January 18, Debbie called Rodriguez. 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.". There was testimony in this case that the NF constitution was revised in about 2005. Accordingly, we conclude it is not reasonably probable that the verdict would have been more favorable to defendant had the court given such a clarifying instruction. Debbie called Rodriguez and challenged the way he had questioned her. In contrast, being put "on freeze" means the gang was looking into your gang credentials. There was no evidence of even an attempted criminal threat, "because it wasn't received seriously, according to Debbie Guzman's own testimony here . Finally at 8:36 p.m. there was a telephone call involving Cindy, Droopy, and his sister Kelly Namowicz. "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. Ruiz testified that he wrote the kite on his own initiative. They sometimes spoke during a three-way call involving Debbie. 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. This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. 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 At trial she denied appellant's words alone frightened her." The victim in that case testified that "she did not initially take appellant's words as a threat because appellant was always joking around. He was the only person that would have the ability to give the authority for Frank Ruiz to write it in that kite. ". . The NF members on the " 'street' " were under the control of the Regional Security Department (RSD) to whom they were to report. What is the biggest gang in California? WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. .". He's not authorized to make those kinds of decisions himself." Defendant sometimes brought her along when he picked up money and dropped off drugs. Cisneros brought the PCP in a Victoria's Secret bag and defendant kept the PCP in a pink cloth bag that Debbie got from Victoria's Secret. La Positiva 31.12.2022. They want to determine their gang credentials and keep out inmates charged with sex crimes. Before his incarceration in 2007, he sold methamphetamine and PCP. Actual cause is used in its ordinary sense in that instruction. Ruiz wrote that Cervantes' removal "was just" based on a false impression from incident reports from Elmwood that Cervantes had already been removed. . Sureos ( Spanish for Southerners ) are a group of Mexican-American street gangs with origins in CALCRIM No. Defendant initially called Debbie. On appeal defendant contends "the trial court should not have instructed the jury to determine whether there existed multiple conspiracies or one single conspiracy, but should simply have consolidated the conspiracy counts into one single count" as the defense had requested. Defendant asserts that the third one is most comparable to his case. ( 4573.). WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. [']" 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 key documentary evidence of two conspiracies was a single kite (Exhibit 412) that was dated October 21, 2008 and signed by "C/R Calpolli." What colors do Sureos wear? Among those arrested and incarcerated in the county jail is 28-year-old Steve "Pnut" Barba, who was convicted last year of stabbing San Francisco 49ers player Aldon Smith in the chest at a party outside Smith's home near San Jose in 2012. 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. The appellate court reasoned that the nature of a threat may be revealed by subsequent conduct by the defendant and other relevant circumstances. 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. [']" Mendoza testified that people break gang rules all the time. ", 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. Sammy Ramirez testified that every member in his regiment had to pay $200 a month whether Ramirez provided them with drugs or not. Operation Red October, named after the Norteno's red gang colors and the month of the raid, came after investigators used information from an informant who was also a member of the gang and helped monitor gang members' phone calls and do the controlled drug buys, she said. "He is the granddaddy of the Nortenos in California," McKeown said. 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 . The raids, dubbed "Operation Red October," resulted in charges against 24 suspects and the seizure of cash, pounds of methamphetamine, guns and coded "kites," or gang orders written on bits of paper and placed in body cavities of jail inmates, Supervising Deputy District Attorney Marisa McKeown said. The shootings led to charges of murder involving personal discharge of a firearm and attempted murder involving personal discharge of a firearm causing great bodily injury, among the charges resolved by Clark's plea agreement. Defendant said he had deemed Cervantes no good. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Clark was arrested in Mexico and taken into custody at the Santa Clara County Jail in July 2010. She transitioned out of the program in September 2010 and stopped receiving financial assistance. "]; People v. Burnett (2003) 110 Cal.App.4th 868, 879 ["No reasonable jury could have found that defendant's actions were not a substantial factor in causing Leo's death or that Leo's death was unforeseeable."].). ." Get 1 point on adding a valid citation to this judgment. Incarceration ended her addiction to PCP. When defendant questioned Cervantes, Cervantes said he had received it that way and had not weighed it. The defense developed no evidentiary basis requiring the court to instruct the jury to decide whether Debbie's fear had one or more causes superseding defendant's threatening letter. ". (c).). A threat which may appear conditional on its face can be unconditional under the circumstances. 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. She enjoyed the status of being his wife. However, he testified that "it's all about money. On February 27, Cervantes was placed in protective custody. The prosecution opposed this request. ( 667, subd. After they married, defendant told her he was in Category II of the NF and ran the local streets. 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. NF is a 'cold-hearted gang' that commits murders, burglaries, extortion, and other crimes, including selling drugs to raise money for its members." 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. 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. 1337.) He explained to them that it was like an insurance policy, backing their collection of drug debts with NF's reputation for violence. Defendant laughed. Carlos Roman brought the drugs to Cervantes and went to retrieve them when Cervantes failed to act. Who are Florencia 13 enemies? "Sustained fear means fear for a period to time that is more than momentary, fleeting, or transitory. In evidence were eight recorded calls involving defendant and Clark between March 16 and July 2, 2007. ", A conspiracy is usually regarded as continuing until the target offense is committed unless it is frustrated or abandoned. ), 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. [] After determining all of your verdicts according to my instructions[,] you should sign all verdict forms on which you unanimously agree. Viramontes turned toward the open garage and tried to run into his home. Documento de Documento de. Enhance your digital presence and reach by creating a Casemine profile. Cervantes explained to Ruiz he had not gone into protective custody. He asked what and she answered, "The [']literally['] part." Clark was primarily responsible for the day-to-day operations of the regiment. All rights reserved. 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. Defendant's reply brief quotes additional, similar discussions in Vargas of how the NF functioned at the time. The conversation turned to sex. He was a year or two younger. Defendant asserts that in finding true the gang enhancements, the jury "believed all the charged offenses were committed for the benefit of the gang. ( 186.22, subd. (a)(1)) and ammunition (count 2; 12316, subd. According to Sergeant Lewis, a NF member who is "deemed no good" by a gang member is subject to violent assault by other NF members. CONSPIRACY TO SMUGGLE DRUGS INTO JAIL (COUNT 4). Sureo and white gangs also assault sex offenders. (People v. Fierro (2010) 180 Cal.App.4th 1342, 1347.). Clark said they were close to "finishing the house." 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. Since the 1920s, the 38th Street gang has continued its criminal activities and has evolved to become one of Californias most violent street gangs. Ruiz said that he was in charge of the jail though there were other active NF members in jail who were not on freeze. ( 422. I believe his name is Henry Leyva. Cervantes testified for the defense that he was a Northerner who had known defendant for over 25 years. 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. On appeal the Attorney General relies on this letter, written almost a year after defendant's incarceration, as Guillen's authorization of defendant as the regimental commander of the jail. (Williams, supra, at p. Ruiz acknowledged that judgment was involved, for example, if the crime was statutory rape. Lewis offered her witness relocation and no charges for her cooperation. She told him his cousin Leslie had said she had encountered Bear the night before and he admitted owing for a tattoo. That night, Clark got money from Charlie Campa and drove to Mexico with his wife. The court properly submitted to the jury the question whether any of the five alleged conspiracies was merely part of a larger conspiracy. Anthony If a person was deemed no good, a gang member would be obligated to remove that person with a weapon at the first opportunity. 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. Mendoza was also the commander of a NF regiment in San Jose in 2003 until his incarceration in June 2004. Before defendant went into custody, he said to Debbie that if she ever talked to the police, it would be the last time she talked. "It even says, 'you better ask somebody.' Apellido Apellido Primer Segundo Nmero de la. When they met later that day, Rodriguez paid her $100. The letter also referred to Ramirez as "on freeze" and Mendoza as " 'no good.' . Ruiz destroyed that kite. Clark called Debbie on February 5, 2008. The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. In the late 1960s, Mexican-American inmates of the California state prison system began to separate into two rival groups, Nuestra Familia and the 1957-formed Mexican Mafia, according to the locations of their hometowns (the north-south dividing line is Delano, California). Any NF member can put someone on the bad news list. The three dots can represent prison, hospital, and cemetery , which are associated with the gang lifestyle.. What does sureo stand for? "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." He argues that Debbie's fear was caused not by his August 1997 letter, but by the NF's reputation for dealing harshly with snitches. His implicit premise is that the trial evidence as a matter of law proved the existence of one overall conspiracy that involved the commission of the five separate crimes. 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