When Clark was in San Quentin Prison, as tier security and a block general for the NF he reported in writing to defendant, who was the NF Authority in Charge of the prison. Defendant said he was putting something else in, "a little moon stuff." 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. Components of that aggregate include the following consecutive terms doubled due to defendant's prior strike. Lewis equivocated on cross-examination, saying that some regiments charge a higher price for narcotics in lieu of collecting $200 monthly dues. On February 27, Cervantes was placed in protective custody. Defendant provided PCP to Debbie, his brother Greg, and "Bear," among others. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Cervantes was returned to jail on January 30, 2009. Defendant's regiment was selling methamphetamine, PCP, and sometimes marijuana. Click here to remove this judgment from your profile. During intake they sign a form acknowledging that phone calls can be monitored. He wouldn't be here if he wasn't helping him . At defendant's request after his arrest, Clark arranged that Sammy Ramirez would sell 1.5 ounces of PCP that defendant had left behind. 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. Guillen is highest ranking among three gang generals, all housed at Pelican Bay, she said. ( 667, subd. 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. WebNuestra Familia es una a organizacin criminal penitenciaria conformada por mexico americanos siendo originaria del norte California. Cervantes still acknowledged it was his fault. 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. Before defendant was arrested in March 2007, the regiment was selling from two to five pounds of methamphetamine a week. Debbie said defendant was mad about how Rodriguez had confronted her. "So he's just relaying information that has been related to him. ), At trial the prosecutor argued to the jury: "A threat which may appear to be conditional on its face is unconditional under its circumstances. Tipo de Nmero de. Clark said they were close to "finishing the house." According to Mendoza, that obligation existed for all regiments throughout Northern California. Mendoza described what he considered to be an indirect communication by Guillen to defendant. 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. She transitioned out of the program in September 2010 and stopped receiving financial assistance. Greg said Droopy was going to cover it. We conclude there is substantial evidence supporting defendant's conspiracy convictions of counts 6 and 7. La Positiva 31.12.2022. At trial she denied appellant's words alone frightened her." at p. Greg called Cindy 15 minutes later and said Droopy was going to call her shortly. 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. In 2009, Tirri and defendant were housed together in administrative segregation. Ruiz acknowledged that judgment was involved, for example, if the crime was statutory rape. Ruiz heard in January 2009 that defendant was no longer on freeze. The phone system was designed to prevent three-way calls, but inmates could thwart it by making certain noises into the phone. Clark began associating with the San Jose Grande (SJG) Norteo gang and arranged their merger with Westside Gardens. Please enter valid email address to continue. (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. Ruiz wrote that Cervantes' removal "was just" based on a false impression from incident reports from Elmwood that Cervantes had already been removed. 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. ", Defendant argued to the jury that sometimes removals were not ordered by the highest authority. Most of defendant's appellate arguments ask us to accept facts discounted by the trial court or the jury. [']" "I don't even think a conspiracy has been proved[] [i]f you give Frank Ruiz any credence whatsoever[. He was confirmed as a NF member when he returned from Mexico. This was not what defendant argued to the jury. 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. The victim in that case testified that "she did not initially take appellant's words as a threat because appellant was always joking around. Debbie said defendant was wondering if she ever got the money. She said defendant thought Clark was ignoring them. Cervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. Ruiz told him not to worry about his debt to defendant, just to pay it when he got out. Mendoza testified that it was almost inevitable that wives of NF members were exposed to gang business. 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. 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. People v. Johnson (2013) 57 Cal.4th 250, 266.) "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. I mean, that's One, Two and Three, basically arebasically, I conceded those in my opening statement. Mendoza believed that Paul Lopez was the real author of a letter purportedly from his wife Norma to defendant postmarked February 21, 2008. "[B]oth Ruiz and Cervantes testified at the trial, and in light of their testimony the prosecution's position was not tenable, because the information on which it was based was shown to be incorrect." Debbie resumed using PCP with defendant in 2006. " Another two questions posed whether a statement not initially considered a threat may later be considered a threat under changed circumstances. You should consider all of the applicable evidence and determine this issue. 1338.) When the ally produced a gun, Clark shot them both. He was a year or two younger. WebCervantes' rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. 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. This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. 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. Do you know what 'wouldn't' means?" In 1992 and 1993 she was convicted and imprisoned for possession of PCP. 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. She attended some of his meetings with leaders of other local NF regiments, including Charlie "Brown" Campa, Sammy "Black" Ramirez, and Marco "Red" or "Huero" Abundiz. 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. After that conversation, she called Lewis and said she was afraid of being exposed as cooperating with law enforcement. with that brown ride." (Health & Saf. When he asked which one, she said, "I got that one where you're so funny, 'when death,' well, 'when death does us part,' or something, and 'you better ask somebody.' Defendant asserted the incongruity of the prosecution alleging multiple conspiracies while also arguing that many hearsay statements by different individuals were admissible as statements of coconspirators in support of a single conspiracy. Until defendant was incarcerated, he just provided Clark with methamphetamine, not PCP. On February 19 Debbie had a recorded telephone conversation with Jack Ochoa. 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 facility at the Pelican Bay State Prison up north in Crescent City, where he is serving a life sentence for murder, she said. Sergeant Lewis and Debbie had differing recollections about why he decided to relocate her on February 18, 2008. Cervantes testified for the defense that he was a Northerner who had known defendant for over 25 years. "The moment that she realized she was considering cooperating with law enforcement because of the pressure they were putting on her, her mind immediately went back to that letter. COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT. People v. Meneses (2008) 165 Cal.App.4th 1648. WebAntonio Chuco Guillen (Nuestra Familia General) Chuco is doin 25-life for his role in killing an NF dropout in 1999. ." Actual cause is used in its ordinary sense in that instruction. On appeal, defendant contends that the prosecutor proved at most an attempted criminal threat. ['] Shut the hell up. (Id. 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. WebThe remaining leadership of the company in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Before his incarceration in 2007, he sold methamphetamine and PCP. Had defense counsel asked for an instruction like CALCRIM No. it's for us." Ruiz said that he was in charge of the jail though there were other active NF members in jail who were not on freeze. He's to be dealt with ASAP.' [] 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. ( 4573.). [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. He answered, "Yeah, you" and asked if she was getting cold feet. ", Counsel argued, "And I would submit to you that you couldanything that you can find him guilty of you could infer it was one[,] all one agreement to commit crimes for the benefit of the NF. Defendant gave him a quarter pound initially. Clark began to learn about NF and NR when he went to jail for an assault with a deadly weapon. 520-529.). The gang's rules were not always followed. Mendoza was also the commander of a NF regiment in San Jose in 2003 until his incarceration in June 2004. I think it's at leastI don't think you can reject Frank Ruiz's testimony. As they lived together, she learned of his gang involvement. 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. He became a Category III member after his arrest. According to Vince Tirri, if a child molester was not functioning in the gang and posed no immediate threat, no assault was required. "They are literally using the bodies of their members as mules to run their gang," she said. (People v. Williams (2015) 61 Cal.4th 1244, 1270 (Williams).) Anthony "Chavo" Jacobs is currently in prison, but his family has been moved into witness relocation. Get 1 point on providing a valid sentiment to this At the conclusion of the prosecution's evidence, on June 25, 2012 defendant made a motion under section 1118.1 based on a refused instruction he had proposed dealing with the issue of single versus multiple conspiracies. Conditional threats are true threats if their context reasonably conveys to the victim that they are intended. After defendant was incarcerated, Ramirez contacted defendant's PCP supplier, Mario, and obtained PCP from him. Defendant said to "let . Debbie said she would put him out if he went out on her "[a]nd you'd better ask somebody." In the end it's all about money, and how they go about it. When defendant questioned Cervantes, Cervantes said he had received it that way and had not weighed it. . Defendant does not appear to have been playing by the NF rules or following its directives. at p. Defendant did not argue to the jury that the fear his letter caused Debbie was superseded by an intervening cause. 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