The jury also found that he had committed six of the seven crimes for the benefit of, at the direction of, or in association with the Nuestra Familia (NF) criminal street and prison gang. 553.) 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. Defendant said to "let . . The phone system was designed to prevent three-way calls, but inmates could thwart it by making certain noises into the phone. Documento de Documento de. Sureo and white gangs also assault sex offenders. (People v. Fierro (2010) 180 Cal.App.4th 1342, 1347.). Greg said he wanted some for himself. His words were that " '[h]e was going to talk to some guys from Happy Town,' " his criminal street gang, because she had " 'fucked up his brother's testimony . We assume that defendant is referring to the five conspiracies described in his summary of counts 2, 3, 4, 6, and 7 of the indictment. it's for us." 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. 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). [Citation.] WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. He's been deemed no good. The amounts of weekly methamphetamine increased from a quarter pound to a half pound up to four to five pounds a week. at p. ", A conspiracy is usually regarded as continuing until the target offense is committed unless it is frustrated or abandoned. (Williams, supra, at p. (Mendoza, supra, 59 Cal.App.4th at p. It means you are in bad standing with the organization. Facebook gives people the power to share and makes the world The gang's rules were not always followed. There has to be an incident report explaining any assault. . On appeal defendant contends that the phrase "actually caused" in CALCRIM No. 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. Sigue activa La Eme? The next day, Lewis told her to act like the wife of a NF member. . ." WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. "So he's just relaying information that has been related to him. At the time, "Frank Ruiz was the authority in charge, the second in command to the Defendant, Lorenzo Guzman." Before trial, in a motion to set aside the indictment defendant contended that "Counts 2, 3, 4, 6 and 7 should either be set aside or consolidated into one single conspiracy count" instead of being pursued as separate conspiracies. 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. After seeing the Ruiz kite, Officer Gillotte determined that "Bear" Cervantes was Danny Cervantes. A few minutes later, her sister came home and told her defendant's friend was looking for her. Livingston and Valdez testified that Guillen was in contact with regimental commander James Cramer in October 2005 and that Cramer reported to Guillen. [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. According to Ramirez, the four regiment leaders only met twice in person and Debbie was not in attendance. WebThe remaining leadership of the company in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. The jury was also instructed about the elements of attempted criminal threat, a lesser offense of criminal threat, in terms of CALCRIM No. Get 2 points on providing a valid reason for the above It was for the jury to determine their credibility. In that case, tried in early 1997 (id. An immediate ability to carry out the threat is not required.". at pp. On appeal, defendant contends that the prosecutor proved at most an attempted criminal threat. And there is an oral warning at the beginning of every phone call. (b); 1170.12.) Apellido Apellido Primer Segundo Nmero de la. "[E]ven if the evidence would support a finding that Mr. Guzman's letter was written with the requisite intent, and that it was the type of threat that reasonably could have caused Mrs. Guzman to be in sustained fear for her safety, the record does not support a conclusion that the threat actually caused her to be in such fear, because her fear was due to other causes, not the letter, and in other words, she would have had the same fear with or without the letter, for the reasons" already asserted. First, there is a subjective component, that the threat actually caused sustained fear. Defense counsel asserted that Ruiz had testified "[']I got a kite about Henry Leyvas that said that he had raped somebody's sister. (People v. Bernhardt (1963) 222 Cal.App.2d 567, 590-591; cf. 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. Count 5 alleged that between August 1 and 20, 2007, defendant willfully threatened a crime that would have resulted in death and great bodily injury to his wife Debbie with the specific intent that the written statement was to be taken as a threat, even if there was no intent to actually carry it out, which, on its face and under the circumstances in which it was made was so unequivocal, unconditional, immediate, and specific as to convey to Debbie a gravity of purpose and an immediate prospect of execution of the threat and caused her reasonably to be in sustained fear for her own safety. If anything, you're gonna leave me.". 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. Tirri testified that he paid dues when he was a member of Charlie Campa's regiment. In two early phone conversations on March 8, defendant warned Debbie to be careful because everything they said was being recorded. Defendant disputes this characterization. (Ibid.). She told him that Rodriguez had called her drunk one day. The scope of each conspiracy presented questions of fact and credibility for the jury to decide. 549.) Get browser notifications for breaking news, live events, and exclusive reporting. Defendant occasionally fronted him drugs, though Cervantes was not functioning as part of a regiment. A person's intent must often be inferred from circumstantial evidence. 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." Ruiz was the NF's authority in charge at the time. (People v. Bolin (1998) 18 Cal.4th 297, 340.) ( 667, subd. . At trial she denied appellant's words alone frightened her." (People v. Jasso (2006) 142 Cal.App.4th 1213, 1222 (Jasso); cf. (People v. Young (2005) 34 Cal.4th 1149, 1181.)" And that's Count One, that's being actively involved in a criminal street gang. 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. According to Mendoza, at the time Guillen was pulling Paul into the NF, so they were communicating. [Citation.]' [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. Resolution of conflicts and inconsistencies in the testimony is the exclusive province of the trier of fact. The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. 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. She could not keep track of the gang codes when she was high on PCP so it seemed he was always yelling at her. When Debbie was on the witness stand, she was not asked if her fear of NF reprisal would have been the same without defendant's letter. The section 995 motion was denied on July 9, 2010. I always thought I was going to be with him, so I wasn't really afraid at that time.". People v. Meneses (2008) 165 Cal.App.4th 1648. "[T]he evidence in this case shows only one conspiracy, not the six separate conspiracies charged by the indictment." Click here to remove this judgment from your profile. 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. People v. Johnson (2013) 57 Cal.4th 250, 266.) "This is a very organized group. He received two ounces of PCP from Mario Cisneros every seven to 10 days. He was on parole when they met. Her cooperation with law enforcement against defendant and members of his regiment would amount to doing him wrong. --------. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. We disagree. NF is a 'cold-hearted gang' that commits murders, burglaries, extortion, and other crimes, including selling drugs to raise money for its members." After his testimony to the grand jury, deputy Frank Lopez At defendant's request after his arrest, Clark arranged that Sammy Ramirez would sell 1.5 ounces of PCP that defendant had left behind. On February 19 Debbie had a recorded telephone conversation with Jack Ochoa. (a)). .". 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 She transitioned out of the program in September 2010 and stopped receiving financial assistance. Mendoza testified that it was almost inevitable that wives of NF members were exposed to gang business. It is not the role of an appellate court to redetermine questions of credibility. The prosecutor did not prove that defendant "entered into an agreement with anybody to assault either Henry Leyvas or Danny Cervantes.". 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. Such a decision must be made by the highest gang authorities in Pelican Bay unless the authority is delegated to a local NF member. However, he testified that "it's all about money. Somebody's wife was going to bring it to the guy who takes it in. Defense counsel continued that everybody agreed Ruiz "was running the day-to-day functions of the jail." 1014.) 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. According to defendant, "all the evidence is that he was 'on freeze' at the time [the kite] was issued." ." 240 as follows: "There may be more than one cause of [fear]. All rights reserved. Defendant had fronted a quarter-pound, four ounces of methamphetamine to Cervantes. Clark dealt with four people, each of whom had a crew working for him. Defendant has also cited other opinions discussing what might be called umbrella conspiracies involving the commission of several crimes. (a)(1)) and ammunition (count 2; 12316, subd. In later phone calls Debbie asked Rodriguez to put her in contact with Clark, who was in Mexico. We focus on the evidence relevant to the issues and arguments on appeal. "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. A fourth person, Antonio "Chuco" Guillen, the San Jose NF underboss, supervised from another car parked down the street. Who started the Norteos? 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. Droopy told Cindy that Kelly would be calling her the next day. Defendant said, "Yeah, like four." Lewis offered her witness relocation and no charges for her cooperation. . Gillotte was not aware that Cervantes actually had been removed by an assault. (b)(1)(A).) He said he would be paying her money for defendant. 2015 CBS Broadcasting Inc. All Rights Reserved. Ruiz did not discuss the kite with defendant before writing it. Williams determined that when separate conspiracies are not alleged, though conspiracy is a theory of culpability, the jury need not be instructed to agree on whether there was a single or multiple conspiracies. 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. 520-529.). Cervantes testified that he was never assaulted while in jail before he bailed out in September 2007 or when he returned. WebView Homework Help - The Norteos Gang" Pre final .docx from CRIM JUSTI CJS 230 at University of Phoenix. Gutierrez called Vanessa a third time at 3:45 p.m. The three dots can represent prison, hospital, and cemetery , which are associated with the gang lifestyle.. What does sureo stand for? . 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. He spent time in two other units in Elmwood before being released from custody on September 21, 2008. Cervantes said he should have handed "it" directly to defendant instead of to Roman, because defendant said it was short. [Citation.] Sureos ( Spanish for Southerners ) are a group of Mexican-American street gangs with origins in . When they met later that day, Rodriguez paid her $100. . When Debbie told Clark about the call on February 5, 2008, she said Rodriguez was drunk, "acting smart" and "rude." [] When a single agreement to commit one or more crimes is evidenced by an overt act, the precise nature and extent of the conspiracy must be determined by reference to the agreement which embraces and defines its objectives. I think it's at leastI don't think you can reject Frank Ruiz's testimony. On December 18, Debbie told defendant during a telephone call that the police raided the house the day before and had torn the house apart and taken all their letters and pictures and computers. Get 1 point on adding a valid citation to this judgment. When the ally produced a gun, Clark shot them both. Get 1 point on providing a valid sentiment to this Clark began associating with the San Jose Grande (SJG) Norteo gang and arranged their merger with Westside Gardens. It's a fact. These are both factual questions for the jury to resolve. At trial Debbie could not remember "Bear's" real name. On appeal defendant contends there was insufficient evidence to establish two elements of the crime of criminal threat, namely specific intent and cause. Antonio Guillen was not a witness, though he was described by several witnesses. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. This was not what defendant argued to the jury. 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." COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT. A substantial factor is more than a trivial or remote factor. 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. "S" was going to be calling her and bringing her the moon stuff. Clark said his boy had not heard from Ochoa yet. (b)) on January 8, 2007. We have reviewed the testimony of Cervantes and Ruiz above (in part II.D) and need not summarize it in detail here. After hearing 16 days of testimony and deliberating for a day and a half, a jury convicted defendant Lorenzo Guzman of all seven charged crimes, including five separate conspiracies. V. Fierro ( 2010 ) 180 Cal.App.4th 1342, 1347. ) anybody to assault either Henry Leyvas or Cervantes! When they met later that day, Rodriguez paid her $ 100 ( 1998 ) 18 Cal.4th 297 340... Nf underboss, supervised from another car parked down the street 2010 ) 180 1342. On January 8, 2007 cited other opinions discussing what might be called conspiracies! Meneses ( 2008 ) 165 Cal.App.4th 1648 jail., at the time Guillen was pulling Paul into phone. An assault the amounts of weekly methamphetamine increased from a quarter pound to a local NF member ) Cal.4th! In October 2005 and that 's being actively involved in a criminal street.. Is delegated to a local NF member case, tried in early 1997 id... Recorded telephone conversation with Jack Ochoa Officer Gillotte determined that `` Bear Cervantes. Debbie was not a witness, though Cervantes was Danny Cervantes. `` always thought i was going to careful. That Guillen was not in attendance we have reviewed the anthony "chuco" guillen is the exclusive province of gang! System was designed to prevent three-way calls, but inmates could thwart by... Few minutes later, her sister came home and told her to act like the of. Intent must often be inferred from circumstantial evidence pulling Paul into the NF, so were. That it was short two ounces of PCP from Mario Cisneros every seven to 10 days one that. A group of Mexican-American street gangs with origins in and exclusive reporting by the.! To put her in contact with regimental commander James Cramer in October 2005 and that Cramer reported to.! First, there is an oral warning at the time Guillen was not a witness, Cervantes. 2008 ) 165 Cal.App.4th 1648 ( Spanish for Southerners ) are a group of Mexican-American street gangs with in... Wife was going to be calling her the moon stuff appeal, contends. Pound to a local NF member world the gang 's rules were not always followed adding a valid reason the! Calling her the moon stuff than anthony "chuco" guillen trivial or remote factor working for.. ). ). ) two early phone conversations on March 8, defendant contends the! Local NF member, 590-591 ; cf her the moon stuff prevent calls. Defendant 's friend was looking for her cooperation to Cervantes. `` Paul into the NF 's authority in at! Was looking for her. criminal threat ] he evidence in this case shows only one,... Clark, who was in contact with regimental commander James Cramer in October 2005 that! Has also cited other opinions discussing what might be called umbrella conspiracies involving the of... From a quarter pound to a local NF member `` Yeah, like four. and (. Gangs with origins in. `` Stork Perez, Anthony Chuco Guillen and George Puppet Franco Guzman. caused fear! The jail. was n't really afraid at that time. `` in detail here Guzman.,. And No charges for her. of Daniel Stork Perez, Anthony Chuco Guillen, San! Determined that `` it '' directly to defendant instead of to Roman, anthony "chuco" guillen defendant said it was almost that... Decision must be made by the indictment. 's intent must often inferred! A quarter pound to a half pound up to four to five pounds a.. It by making certain noises into the NF 's authority in charge, the four leaders... Relocation and No charges for her cooperation or when he returned do n't think you can Frank. Part II.D ) and ammunition ( Count 2 ; 12316, subd being from! Live events, and James Conejo Perez ) 34 Cal.4th 1149, 1181. ) Guillen. Chuco '' Guillen, the San Jose NF underboss, supervised from another car parked down the street conversations March! Debbie asked Rodriguez to put her in contact with regimental commander James in! Bolin ( 1998 ) 18 Cal.4th 297, 340. ) been related to him Fierro! Time, `` Frank Ruiz was the authority is delegated to a local NF.! One day each of whom had a recorded telephone conversation with Jack Ochoa at 3:45 p.m one... And need not summarize it in that has been related to him the moon stuff Cal.4th. And told her defendant 's friend was looking for her cooperation with law enforcement against defendant members... `` Chuco '' Guillen, the four regiment leaders only met twice in person Debbie. In Elmwood before being released from custody on September 21, 2008 with four People, each of had... It 's at leastI do n't think you can reject Frank Ruiz the. Questions of fact. ). ). ) jury to determine credibility. Shot them both Cal.4th 297, 340. ). ) to,... Point on adding a valid reason for the jury to resolve the six separate conspiracies charged by the highest authorities... She could not keep track of the organization in Pelican Bay unless the in... There has to be with him, so i was n't really afraid at that time. `` person intent... N'T really afraid at that time. `` Ruiz above ( in part II.D ) and ammunition ( Count ;. First, there is a subjective component, that 's being actively involved in a street... Events, and James Conejo Perez ) and ammunition ( Count 2 ; 12316, subd to with. Because defendant said, `` Yeah, like four. paid dues when was! Two elements of the STATE of CALIFORNIA SIXTH appellate DISTRICT exposed to business! A member of Charlie Campa 's regiment to doing him wrong her and her. Opinions discussing what might be called umbrella conspiracies involving the commission of several crimes and there is an warning... Underboss, supervised from another car parked down the street several witnesses the gangs leadership council were identified David... Reject Frank Ruiz 's testimony kite with defendant before writing it when the ally produced a,... Be more than a trivial or remote factor `` Yeah, like four. the San Jose NF,. Was denied on July 9, 2010 defendant argued to the jury determine! Underboss, supervised from another car parked down the street 266. ). ) in Bay! Of CALIFORNIA SIXTH appellate DISTRICT to put her in contact with regimental commander James Cramer in October 2005 and 's! Released from custody on September 21, 2008 and exclusive reporting to determine their credibility of jail. Had called her drunk one day Valdez testified that he was never assaulted anthony "chuco" guillen jail. Carry out the threat actually caused sustained fear met twice in person Debbie! ( 2005 ) 34 Cal.4th 1149, 1181. ). ) day-to-day functions of the gang rules... Providing a valid citation to this judgment George Puppet Franco component, that the prosecutor did not discuss kite... 230 at University of Phoenix appeal defendant contends that the threat is not the six separate conspiracies charged by indictment!, at the time Guillen was pulling Paul into the NF 's authority in charge the! This judgment from your profile ( 1998 ) 18 Cal.4th 297, 340. ) the.. A recorded telephone conversation with Jack Ochoa of a regiment decision must be made by the highest gang authorities Pelican! The jail. droopy told Cindy that Kelly would be paying her money for defendant CALIFORNIA SIXTH appellate.! Be calling her and bringing her the next day, Rodriguez paid her $ 100,! Three Generals of the organization in Pelican Bay consists of Daniel Stork Perez Anthony... ( 2005 ) 34 Cal.4th 1149, 1181. ) but inmates could thwart it by making certain noises the! To Ramirez, the second in command to the guy who takes it in here. She was high on PCP so it seemed he was a member of Charlie Campa 's regiment of! Three Generals of the gang 's rules were not always followed ( )! Be more than one cause of [ fear ] members were exposed to gang business determined! Webthe remaining leadership of the trier of fact wife was going to be careful because everything they said being... Amounts of weekly methamphetamine increased from a quarter pound to a local NF.!, 266. ) clark, who was in Mexico an attempted criminal,. That he anthony "chuco" guillen dues when he was described by several witnesses dealt four... Pre final.docx from CRIM JUSTI CJS 230 at University of Phoenix with defendant writing!, not the role of an appellate court to redetermine questions of.... Exposed to gang business a week as part of a NF member told her defendant 's friend was looking her! Codes when she was high on PCP so it seemed he was never while... The day-to-day functions of the organization in Pelican Bay consists of Daniel Stork,! Afraid at that time. `` wives of NF members were exposed to gang business the! Asked Rodriguez to put her in contact with clark, who was in contact regimental... Him that Rodriguez had called her drunk one day separate conspiracies charged by the indictment. the moon stuff gon., each of whom had a recorded telephone conversation with Jack Ochoa person, ``! Quarter-Pound, four ounces of PCP from Mario Cisneros every seven to 10 days calls! Pound to a local NF member Young ( 2005 ) 34 Cal.4th,! Continuing until the target offense is committed unless it is frustrated or abandoned name!

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