. Sammy Ramirez testified that every member in his regiment had to pay $200 a month whether Ramirez provided them with drugs or not. with that brown ride." He said he would be paying her money for defendant. 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. The trial court denied defendant's new trial motion, explaining: "[T]his Court heard a number of arguments from Counsel regarding the single versus multiple conspiracy. (a)(1).) Also, the drug sales and drug smuggling conspiracies in counts 2, 3, and particularly count 4, smuggling, were independent of each other. Greg called Cindy 15 minutes later and said Droopy was going to call her shortly. 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. Documento de Documento de. The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. The letter also referred to Ramirez as "on freeze" and Mendoza as " 'no good.' He answered, "Yeah, you" and asked if she was getting cold feet. Pandilleros de la Dieciocho, Los ngeles, Estados Unidos. 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. He did it on his own." at pp. 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 A NR member who was the second in command would not have the authority to deem someone no good. (Williams, supra, at p. Solis had a written message for defendant from Clark. They would want to make money on it. 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. NF is a 'cold-hearted gang' that commits murders, burglaries, extortion, and other crimes, including selling drugs to raise money for its members." Greg said Droopy was going to cover it. Code, 11379.5, subd. The evidence in that case focused on NF activities between 1989 and 1993. 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. Mendoza said the purpose of his regiment in 2003 and 2004 was "making money for the NF" primarily by selling methamphetamine. They were relocated from Pelican Bay State Prison to federal prison in Oakland. Any NF member can put someone on the bad news list. They reminisced about how Ochoa used to sell a cut pound of methamphetamine to defendant for $6,500, but he said no one wanted cut stuff anymore and a pure pound cost $20,000. . The girls got to learn how to clean house and learn to live and work together.' 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." ". In the other two were Frank Ruiz and Marco Abundiz. If substantial evidence supports the jury's implicit findings, an appellate court should "not substitute its evaluation of a witness's credibility for that of the fact-finder." It was a specific threat to have her killed. At that moment, the threat became very real. [] The word 'immediate' means that degree of seriousness and imminence which is understood by the victim to be attached to the future prospect of the threat being carried out, should the conditions not be met. 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. Defendant said he was putting something else in, "a little moon stuff." On appeal, defendant contends that the prosecutor proved at most an attempted criminal threat. But it says in association with, you might find if it's been proved and the subsequent crimes have been proved.". Latin mexican traditions norteno. Ruiz said that he was in charge of the jail though there were other active NF members in jail who were not on freeze. , but it's clear that they were moving drugs. She had told him that he could believe what he wanted, but it wasn't true. She told him his cousin Leslie had said she had encountered Bear the night before and he admitted owing for a tattoo. 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. [']" 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." 549.) Clark said he had asked Rodriguez to ask her what happened. 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." However, it does not have to be the only factor that causes the [fear]." . During her next meeting with Sergeant Lewis, he told that that she had to relocate that night. 1671.). "The idea that Mr. Guzman participated in the distribution of drugs for the benefit of the [NF,] in terms of the exact time period, I'm not going to comment on that. The Attorney General provides no record citations for these statements. He asked why she had not disclosed that the police had searched her house. 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. We cannot say as a matter of law that there was no evidence to support alternative findings about the number of conspiracies or their objectives. "[I]f we're out there selling drugs, it's supposed to be 25 percent of anything that we bring back, it goes back to the organization off the top. The kite complained that reports "using only Cana codes" did not identify the authors. Cindy told defendant that Greg was going to talk to Pookie. Debbie said she would tell Ochoa to call. In fact, though Tirri said that he heard Cervantes was assaulted, Cervantes testified that he was never assaulted and that no one had tried to assault him. (Health & Saf. According to Sergeant Lewis, a kite is a communication between inmates in microwriting. . 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. ' " [Citations.]' Like you said in your letter, I'm like whatever, I mean that." For example, while defendant regularly supplied Clayton Clark, his second in command, with methamphetamine to sell, defendant did not involve Clark in PCP distribution until after defendant was arrested. Mendoza described what he considered to be an indirect communication by Guillen to defendant. On appeal as at trial defendant downplays his telephone conversation with Debbie on August 18, 2007. ), However, 20 to 30 minutes after this conversation, when a car horn honked and the victim looked out her front door, she saw defendant's friend parked across the street from her home. .". Clark began to learn about NF and NR when he went to jail for an assault with a deadly weapon. We won't be contesting that issue. When they met later that day, Rodriguez paid her $100. .". 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. While defendant laughed, she continued, "Ass kicking, you can ask somebody." . They did not meet in person at the time. ['] ", He continued, it was "not the law" that her fear upon cooperating with law enforcement related back to the letter. He is now a "three striker," a person who can face a harsher sentence such as life in prison for committing a felony for the third time, McKeown said. (Id. Ruiz told him not to worry about it and just pay it off after his release. He has [a] motive . (Id. Stephanie used methamphetamine, while Debbie never did. 1272. In some cases inmates with a problem with NF are placed in 4-B3 to determine their status with the NF. to help Mr. Guzman. Nuestra Familia was organized at Correctional Training Facility in Soledad, California in 1965. A separate indictment charged defendant with being a felon in possession of a weapon (count 1; 12021, subd. WebNuestra Familia es una a organizacin criminal penitenciaria conformada por mexico americanos siendo originaria del norte California. (People v. Young (2005) 34 Cal.4th 1149, 1181.)" Defendant had never discussed Cervantes with him. (b)(1)(A).) As we have explained above, defendant did not acknowledge to the jury that his letter caused her any fear at all. He was treated as a minor celebrity in nightclubs. It means you are in bad standing with the organization. A. CONSPIRACIES TO SELL METHAMPHETAMINE (COUNT 2) AND PCP (COUNT 3). "So he's just relaying information that has been related to him. And there is an oral warning at the beginning of every phone call. 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. Mendoza believed that Paul Lopez was the real author of a letter purportedly from his wife Norma to defendant postmarked February 21, 2008. I mean, that's One, Two and Three, basically arebasically, I conceded those in my opening statement. Defendant asserts, "When she chose to cooperate, she of course feared the [NF]; but that fear was no greater because of her husband's letter than it would have been without the letter." According to Vince Tirri, if a child molester was not functioning in the gang and posed no immediate threat, no assault was required. Lewis said he did not believe her based on the recorded telephone calls. The amounts of weekly methamphetamine increased from a quarter pound to a half pound up to four to five pounds a week. Gillotte attempted to locate Cervantes, but he was not in custody. "[T]he evidence in this case shows only one conspiracy, not the six separate conspiracies charged by the indictment." [] 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. His son Danny and Stephanie helped. Anthony "Chavo" Jacobs is currently in prison, "It's clear, it's clear that Mr. Guzman is guilty, and I would expect you to find him guilty of conspiring with other gang members to distribute drugs." Ruiz's kite was intended to calm people in Elmwood down, on the false assumption that Cervantes had already been removed. WebNuestra Familia (Spanish for "our family") is a criminal organization of Mexican American prison gangs with origins in Northern California. . 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). Defendant asserts that in finding true the gang enhancements, the jury "believed all the charged offenses were committed for the benefit of the gang. When he returned to custody in January 2008, he was told he needed to get to the fourth floor and he was housed in 4-B, where he met Frank Ruiz. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. What does Kanpol tattoo mean? 1342.). ." . A joint task force of 250 state and local law enforcement agents "dealt a blow" to the powerful Nuestra Familia Before deciding this issue, we will review its procedural history. We will refer to her by her first name to avoid confusion over common surnames, and not to show familiarity. People v. Lopez (2013) 56 Cal.4th 1028, 1071.). WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. . 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. According to Sergeant Lewis, "moon stuff meant PCP. Whether the object of a single agreement is to commit one or many crimes, it is in either case the agreement which constitutes the crime. 1338.) While the second conversation was cryptic, probably due partly to their awareness it was being recorded, she posited that he "would not" do that to her. He did not want to go at first but he was placed in protective custody. In a conversation on August 16, Debbie said, "I got youryour funny letter today." [Citation.] 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. He did not deal directly with defendant because he heard defendant "was really hot.". ." "[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. 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.' The appellate court found there was substantial evidence that the defendant's words had eventually placed the victim in a state of sustained fear, if not when he uttered them, at least when she heard a fellow gang member was looking for her and she saw him near her house. 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. Who are Florencia 13 enemies? And that's Count One, that's being actively involved in a criminal street gang. Before confirming, please ensure that you have thoroughly read and verified the judgment. The phone system was designed to prevent three-way calls, but inmates could thwart it by making certain noises into the phone. " [Citations.] Frank "Manos" Gutierrez, an SJG member, was one of the people who worked under Clark. However, no one until now has described this call as threatening. Clark was primarily responsible for the day-to-day operations of the regiment. WebThe US federal law enforcement agencies which had long failed to infiltrate the from CRIM JUSTI CJS 230 at University of Phoenix He was on parole when they met. March 20, 2015 / 11:00 PM (People v. Saling (1972) 7 Cal.3d 844, 852.) Please enter valid email address to continue. Facebook gives people the power to share and makes the world After defendant was incarcerated, Ramirez contacted defendant's PCP supplier, Mario, and obtained PCP from him. Debbie asked if defendant remembered how she was always cold and if he would like to have her body on him. Lewis offered her witness relocation and no charges for her cooperation. 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. 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. 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. The decision to kill Rosas, being one in furtherance of the overriding purpose of the conspiracy, was part of the overall conspiracy, and hence cannot be the basis for filing a separate charge of conspiracy." Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Tirri was housed on 2nd East Max. (Id. at p. 1012-1013.) She got up on the stand and said, [']I didn't take it seriously. Debbie testified that she provided methamphetamine and PCP to Cindy at Cindy's request so that she could give them to Greg, who was in jail. 'Claims challenging the sufficiency of the evidence to uphold a judgment are generally reviewed under the substantial evidence standard. He's to be dealt with ASAP.' 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. Defendant had also sent Carlos Roman to collect on the debt. It's not an issue of law. Ruiz testified that he pleaded guilty to conspiring to assault Leyvas with a deadly weapon because he wrote the kite and ordered it. In that case, the defendant was charged with one conspiracy to commit multiple crimes, a conspiracy that alleged 96 overt acts. "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. When he went to San Quentin Prison in 2000 after a domestic violence conviction, he was invited to join NR. 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. Because if my baby does me wrong, death going to part us. " Also according to Lewis, gang members would never bring drugs into jail just for personal use. Antonio Guillen was not a witness, though he was described by several witnesses. 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." There was no evidence of even an attempted criminal threat, "because it wasn't received seriously, according to Debbie Guzman's own testimony here . If a person was deemed no good, a gang member would be obligated to remove that person with a weapon at the first opportunity. 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. ( 245, subd. . As this court has said before, "a conspiracy can have multiple criminal objectives." 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. Who started the Norteos? In case of any confusion, feel free to reach out to us.Leave your message here. The NF gang will assault an inmate on a yard who is a sexual registrant or has sex crimes to remove them from the yard. Most sexual offenders are placed in protective custody on a case-by-case basis. (People v. Jasso (2006) 142 Cal.App.4th 1213, 1222 (Jasso); cf. . Appellate counsel for both sides make some factual arguments not presented to the jury. Gutierrez called Vanessa again around 3:15 p.m. to finish delivering the message. 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. ), We accept the premise that when there is a factual dispute about whether a criminal defendant's conduct was among the causes of a victim's fear, injury, or death, the trial court sua sponte must give instructions about proximate causation and intervening, superseding causes. I believe his name is Henry Leyva. 211398 & 211138). Before defendant was arrested in March 2007, the regiment was selling from two to five pounds of methamphetamine a week. `` a conspiracy that alleged 96 overt acts pay it off after his release wanted but... 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