anthony "chuco" guillenlg refrigerator blinking 6 times

Defense counsel asserted that Ruiz had testified "[']I got a kite about Henry Leyvas that said that he had raped somebody's sister. There was testimony in this case that the NF constitution was revised in about 2005. Rodriguez backed off a little, according to Lewis, who had listened to a recording of the call. After denying defendant's motion for a new trial, the court sentenced defendant to 40 years, 4 months in prison. The prosecutor did not prove that defendant "entered into an agreement with anybody to assault either Henry Leyvas or Danny Cervantes.". at p. Debbie had another telephone conversation with Clark on February 16. Also, Debbie was not terrified when she first received the letter, as evidenced by their first phone conversation. 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. 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. . During his third stint in prison, he got involved in selling methamphetamine that he obtained from visitors. During a conversation on August 18, Debbie said she wished she could feel defendant. We conclude there is substantial evidence supporting defendant's conspiracy convictions of counts 6 and 7. They have to know exactly what it is. Any NF member can put someone on the bad news list. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Gillotte was not aware that Cervantes actually had been removed by an assault. ", 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. They called each other only about important matters like the prices of dope. 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 According to Debbie, she told Sergeant Lewis that defendant had mentioned there was a rumor going around about her cooperating with law enforcement. I don't think they have proven an agreement. Once defendant was arrested, Clark was primarily responsible for keeping the regiment functioning and collecting drug debts owed the regiment. Lewis said it was common to have NR members like Gutierrez pass along messages from NF members. It is the commander's responsibility to conduct an investigation before deeming a person no good. Such a decision must be made by the highest gang authorities in Pelican Bay unless the authority is delegated to a local NF member. 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. (a).) . to help Mr. Guzman. The statute imposes two requirements on the proof of a threat victim's fear. Defendant's letter stated in part, "if my baby does me wrong, death going to part us." For the reasons stated below, we will affirm the judgment. He explained that regiment members "[i]n theory" had to pay the regiment monthly dues of $200. WebThe remaining leadership of the company in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. . You would not." She had also tried unsuccessfully to collect the debt from "Bear" at defendant's request. ), Mendoza, supra, 59 Cal.App.4th 1333 illustrates that actions by others can also make a threat real after it is uttered. People v. Lopez (2013) 56 Cal.4th 1028, 1071.). Count 3 alleged that defendant and 12 of those individuals conspired with others to sell phencyclidine (PCP) during the same time period. Ruiz destroyed that kite. And he conspired to do that with other gang members. . If a person was deemed no good, a gang member would be obligated to remove that person with a weapon at the first opportunity. Anthony "Chavo" Jacobs is currently in prison, Clark dealt with four people, each of whom had a crew working for him. 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. at p. According to the probation report, by May 29, 2012, the first day of testimony in this case, 25 of defendant's codefendants had been convicted of conspiracy. He did not investigate the claim that Leyvas had tried to rape someone's sister. 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. "[T]he evidence in this case shows only one conspiracy, not the six separate conspiracies charged by the indictment." Clark said he had asked Rodriguez to ask her what happened. . Ramirez did not meet Clayton Clark until after defendant was arrested. 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. I mean, that's One, Two and Three, basically arebasically, I conceded those in my opening statement. 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.' Code, 182, subd. However, it does not have to be the only factor that causes the [fear]." 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. Documento de Documento de. 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. He also asserted, "the evidence suggests that the acts alleged in counts 2, 3, 4, 6, and 7 were all part of one big conspiracy to benefit, promote, and make money for the Nuestra Familia organization, and enforce gang rules and discipline." Debbie said defendant was wondering if she ever got the money. Sergeant Lewis, Sergeant Livingston, and Correctional Officer Valdez testified that, at the time of trial, Antonio "Chuco" Guillen was the general in Pelican Bay State Prison in charge of NF street regiments. Get 2 points on providing a valid reason for the above Defendant contends that Mendoza, Ramirez, and Clark all testified that the NF leadership controlled what crimes NF members on the streets could commit and what drugs they could sell. WebNuestra Familia es una a organizacin criminal penitenciaria conformada por mexico americanos siendo originaria del norte California. Since the 1920s, the 38th Street gang has continued its criminal activities and has evolved to become one of Californias most violent street gangs. (People v. Saling (1972) 7 Cal.3d 844, 852.) 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. Clark said "the black guy was just at my house." They would want to make money on it. ), 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. After disputing the remaining charges, defense counsel clarified that he was asking the jury to "find my client not guilty of . During intake they sign a form acknowledging that phone calls can be monitored. Steve "Pnut" Barba was convicted of stabbing San Francisco 49ers player Aldon Smith in the chest at a party. ' " [Citations.]' "So he's just relaying information that has been related to him. ( 422. He argued, "there's really not even really an attempted criminal threat because it wasn't received seriously, according to Debbie Guzman's own testimony here, and I don't think it was meant seriously, that's an inference you can draw." There has to be an incident report explaining any assault. 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. The Court doesn't determine whether it's a single or multiple conspiracy as a matter of law. "It's never going to end. Regarding the true cause of Debbie's fear, on appeal defendant advances a factual argument he did not make to the jury. Do you know what 'wouldn't' means?" 554.) The prosecution produced excerpts of 30 recorded telephone calls involving defendant and Debbie between the dates of March 8 and December 14, 2007. Defendant told Cervantes he owed him $400 because the returned methamphetamine was short. The trial court in this case relied on People v. Meneses, supra, 165 Cal.App.4th 1648, which followed "Jasso in holding that a trial court is required to instruct the jury to determine whether a single conspiracy or multiple conspiracies exist when there is evidence to support alternative findings" in a case involving nine conspiracy counts. On February 12, 2008, Debbie called Leslie again and learned she had not heard from Bear. I said [']he's hilarious huh? According to Sergeant Lewis, "moon stuff meant PCP. This was not what defendant argued to the jury. Cervantes said he should have handed "it" directly to defendant instead of to Roman, because defendant said it was short. 1671.). (Vargas, supra, 91 Cal.App.4th at p. Solis called Debbie on January 8, 2008 and met with her the next day. A NR member who was the second in command would not have the authority to deem someone no good. Most of his arguments are directed at his conviction of threatening his wife (count 5), namely that there was insufficient evidence of a criminal threat, that the evidence established at most an attempted threat because she was not frightened, and that the court should have defined causation sua sponte. Until defendant was incarcerated, he just provided Clark with methamphetamine, not PCP. Every time she returns to Santa Clara County she fears for her life. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Some law enforcement agents speculate that 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." ." Tipo de Nmero de. . "]; 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."].). at p. Actual cause is used in its ordinary sense in that instruction. There was evidence at that trial that "[t]he Nuestra Familia (NF) is a prison gang that was founded in September 1968 by inmates at the California State Prison San Quentin (San Quentin). Algunas He was treated as a minor celebrity in nightclubs. 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. ", Defendant asserts, "the entire thrust of the prosecution's evidence in this case was that all of the drug sales shown, both inside and outside the jail, as well as the planned assaults on Cervantes and Leyvas, were conceived and controlled by the [NF] and its members and agents, and all had the common purpose of furthering the success of the [NF] by generating revenue and disciplining [NF] members, Nuestra Raza members and Nortenos so as to assure that the [NF] rules were followed." fat ass know . On January 18, Debbie called Rodriguez. In a conversation on August 16, Debbie said, "I got youryour funny letter today." Clark's assistance to defendant from outside jail was limited, as he was involved in a shootout at his apartment on July 29, 2007, that led to his relocation to Mexico. We won't be contesting that issue. Defendant does not appear to have been playing by the NF rules or following its directives. (c).). (Cf. (Vargas, supra, 91 Cal.App.4th 506, 517-518.) He asked for the allegation against defendant to be deleted because defendant was not involved. In the end it's all about money, and how they go about it. Evidence that defendant conspired to sell methamphetamine (count 2) and PCP (count 3) in association with the NF gang between April 25, 2002, and April 23, 2009 also proved his active participation in a criminal street gang (count 1). That's a fact that ought to be decided by the jury.". " (Id. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. She transitioned out of the program in September 2010 and stopped receiving financial assistance. 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." Conditional threats are true threats if their context reasonably conveys to the victim that they are intended. El ascenso de Cervantes marc la primera vez en dcadas que los norteos tenan un solo lder al frente de su organizacin criminal. [] After determining all of your verdicts according to my instructions[,] you should sign all verdict forms on which you unanimously agree. 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. "I don't think they have proven their case. Who started the Norteos? (Id. WebNuestra Familia es una a organizacin criminal penitenciaria conformada por mexico americanos siendo originaria del norte California. Anthony Giuliano, who had been accused of molesting a 15-year-old boy at Holy Rosary at pp. Like you said in your letter, I'm like whatever, I mean that." "[T]he only possible inference [is ]that there was one conspiracy to establish a street regiment to distribute drugs, PCP and methamphetamine." The amounts of weekly methamphetamine increased from a quarter pound to a half pound up to four to five pounds a week. 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." Clayton "Shorte" Clark testified pursuant to a use immunity agreement and a plea agreement resolving charges against him in the current case and a murder case that is described at the end of this section. The witness then feared for her life and called the police. Guillen is highest ranking among three gang generals, all housed at Pelican Bay, she said. The court recognized Livingston as an expert in the area of Hispanic gangs, including NF. Components of that aggregate include the following consecutive terms doubled due to defendant's prior strike. ['] So much so that she even told the officers, [']it's in the letter. Police sources said no criminal charges will be brought against the Rev. He has [a] motive . The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and 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." CALCRIM No. Copyright 2015 by CBS San Francisco and Bay City News Service. What the Attorney General asserts does not resemble the prosecution's arguments to the jury. It is a question for the fact-finder to determine when a charged conspiracy has ended, "considering the unique circumstances and the nature and purpose of the conspiracy of each case." That day Debbie went to the office of the investigators and agreed to cooperate. Mendoza was testifying pursuant to a use immunity agreement as well as a plea agreement of September 9, 2008 resolving charges against him arising partly out of his regiment selling drugs, including conspiracy to sell methamphetamine, active gang participation, possession of heroin, and possession of marijuana for sale. He said gang leaders who are serving life sentences have been able to orchestrate crimes, including murders, throughout California from their cells at a secure housing unit at the Pelican Bay State Prison in Del Norte County by using cell phones that have been smuggled into the prison. 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. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Norteno gang member found guilty of drug possession while. (People v. Osslo (1958) 50 Cal.2d 75, 84.) Not every recorded call was played for the jury while Debbie was on the witness stand. Defendant taught Debbie how to package methamphetamine and PCP for sale. However, the commission of the specific crimes, and the drawing up of plans required to commit them, were all in pursuance of the overriding purpose of the NF, which was to establish power through the use of crime, force, and fear, and to use that power to further strengthen and perpetuate itself by killing its enemies, raising money for the gang, and instilling obedience and discipline among its members by killing members who break its rules. Their trial is set to start on April 13 in Superior Court in San Jose. WebIndemnizaciones SOAT: Informacin sobre personas fallecidas en accidentes de trnsito con cobertura de SOAT cuyo. C. CRIMINALLY THREATENING DEFENDANT'S WIFE (COUNT 5). In two early phone conversations on March 8, defendant warned Debbie to be careful because everything they said was being recorded. (Cf. 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. Defendant said, "Yeah, like four." Removals were always at the direction of gang superiors. at p. Resolution of conflicts and inconsistencies in the testimony is the exclusive province of the trier of fact. " [Citations.] Count 1 alleged that defendant, along with the 25 individuals named in count 2 and one other, had actively participated in NF and willfully promoted, further, and assisted in felonious criminal conduct by gang members. (Id. Solis is a member or associate of the SJG criminal street gang in which Clark was involved. Thus his removal was just.' At the time, defendant and Gutierrez were housed together in 2nd East Max. [] If you find the Defendant guilty of more than one count of conspiracy, you will then include [a] finding as to whether there is one overall conspiracy or separate and distinct conspiracies. 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. "She gets on the stand and says, [']you know, I was never afraid, but now all of [a] sudden I'm being asked to wear a wire and work for the police. In May or June 2006, Greg approached Clark about working in defendant's regiment. They want to determine their gang credentials and keep out inmates charged with sex crimes. Ruiz testified that he pleaded guilty to conspiring to assault Leyvas with a deadly weapon because he wrote the kite and ordered it. This is mere argument on appeal. It is not the role of an appellate court to redetermine questions of credibility. No one has to approve it even if the offender is a NR member. 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. 1012.) The evidence in that case focused on NF activities between 1989 and 1993. 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. The contentions on appeal do not require a thorough review of all the evidence presented in 16 days of testimony. Who is the leader of the sureos? On February 27, Cervantes was placed in protective custody. We have reviewed the testimony of Cervantes and Ruiz above (in part II.D) and need not summarize it in detail here. .". And we know that the Defendant actually told Vince Tirri whey they were housed together in the Super Max that he told Vinni Tirri that the reason why he had Danny Cervantes removed and deemed him - well, not removed, but why he deemed him 'no good' was "because Danny Cervantes owed him a $400 drug debt . At trial Debbie could not remember "Bear's" real name. On count 3, the court selected the upper terms for the conspiracy and the gang enhancement based on defendant's leadership role, his criminal sophistication, and his performance on parole. . If you have found the Defendant guilty of more than one coun[t] of conspiracy, you must then determine whether there was one overall conspiracy to commit multiple crimes, or whether there were separate conspiracies. The letter (Exhibit 168) does not appear in the record on appeal. The court accepted Sergeant Lewis as an expert in the areas of "Hispanic criminal street gangs, prison gangs, interpretation of gang terminology, gang codes, and the area of identification of possession for sale or sales of a controlled substance, and the area of recognition of usable amount of controlled substances." As we have rejected defendant's factual argument regarding the actual cause of Debbie's fear (in part III.B.1, ante), it follows that we have no basis for reducing his conviction to an attempted threat. [] There are different degrees of unconditionality. " (Id. "Over defense counsel's objection, the court told the jury that the threatening statement does not have to be the sole cause of the victim's fear for her safety and that a statement the victim does not initially consider a threat can later be considered a threat because of a subsequent action or event." But over a period of time when he was out on the streets, he was just distributing drugs, primarily methamphetamine. . Shortly after 1:00 p.m., Cindy Mendoza was involved in two concurrent phone calls on different telephones, one with defendant and the other with his brother Greg, Cindy's boyfriend. According to jail records, Cervantes was taken into custody on May 1, 2008. 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. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. The defense produced excerpts of six other phone calls involving defendant and Debbie between the dates of August 16 and December 22, 2007. Gutierrez called Vanessa a third time at 3:45 p.m. 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. That night, Clark got money from Charlie Campa and drove to Mexico with his wife. He worked under defendant when they were both in 4-B3. Ct. Nos. "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. at p. He's to be dealt with ASAP.' ['] Shut the hell up. He again asked what she was talking about, and she reminded him of the "literally" part of a letter. The jury was instructed in terms of CALCRIM No. 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. In later phone calls Debbie asked Rodriguez to put her in contact with Clark, who was in Mexico. (People v. Mendoza (1997) 59 Cal.App.4th 1333, 1339 (Mendoza). 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. Defendant and Clark obtained methamphetamine from Jack Ochoa. Unspecified section references are to the Penal Code. Shortly after they met again he moved in with her. Sigue activa La Eme? Defendant had never discussed Cervantes with him. According to Correctional Deputy James Kirkland of the Sheriff's Office, all telephone calls from the Santa Clara County Jail are recorded, except for calls going to lawyers and the clergy. Suffice it to say that the jury had reason to disbelieve each one of them. We do not understand the distinction attempted in this last point. ['] 'Death will part us.' Clark began to learn about NF and NR when he went to jail for an assault with a deadly weapon. Defendant's reply brief quotes additional, similar discussions in Vargas of how the NF functioned at the time. The three dots can represent prison, hospital, and cemetery , which are associated with the gang lifestyle.. What does sureo stand for? Tirri learned that defendant was the regimental commander of the jail. Furthermore, 'In deciding the sufficiency of the evidence, a reviewing court resolves neither credibility issues nor evidentiary conflicts. Theater. She told him, "if you fucking write that ho back your fucking dick will be up your ass." ( 4573.). Cervantes testified that he was never assaulted while in jail before he bailed out in September 2007 or when he returned. Evidence that Mrs. Guzman might have experienced fears from another source does not mean that the threat did not cause sustained fear." (Id. ", Two of these three disputed counts involved conspiracies to assault two individuals with deadly weapons. I'm the guy who's in charge on that, and I wrote the kite, and I did it. On appeal as at trial defendant downplays his telephone conversation with Debbie on August 18, 2007. That has been related to him he bailed out in September 2010 and stopped receiving financial assistance letter. Conspiracy convictions of counts 6 and 7 tried unsuccessfully to collect the debt from `` ''! ) during the same time period defendant taught Debbie how to package methamphetamine PCP! 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