anthony "chuco" guillen
[] 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. . 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. The amounts of weekly methamphetamine increased from a quarter pound to a half pound up to four to five pounds a week. And we know that everyone, you've heard from all of the experts, John Mendoza, Sammy Ramirez, even sex offenders, every one of those individuals that are going to be removed by the organization, there has to be an investigation done into it. "[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. On January 18, Debbie called Rodriguez. The messages, written in English with in micro-lettering on tiny pieces of paper, sometimes use codes, such as female names in place of specific men and even the titles of popular films, according to prosecutors. 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. 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. I believe his name is Henry Leyva. Even if each gang member had uniformly testified that the gang controlled all his thoughts and actions and those of other NF members, the jury would not have been required to believe them. When the drugs were returned to defendant, an ounce was missing. According to Mendoza, at the time Guillen was pulling Paul into the NF, so they were communicating. I think it's at leastI don't think you can reject Frank Ruiz's testimony. 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." .". 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. Lewis said it was common to have NR members like Gutierrez pass along messages from NF members. 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. Enhance your digital presence and reach by creating a Casemine profile. "Sustained fear means fear for a period to time that is more than momentary, fleeting, or transitory. 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. Tirri became a NR member in April 2001. ( 667, subd. On May 14, he was sent to a jail unit in Elmwood. While all Nuestra Familia ." We're not contesting that." Cervantes testified that he was never assaulted while in jail before he bailed out in September 2007 or when he returned. Lewis offered her witness relocation and no charges for her cooperation. Defendant was similarly the authority for Ruiz's kite identifying Leyvas as a target for removal, even if NF policy allowed the removal of a sex offender without a regimental commander's prior written approval, as defendant suggests. Components of that aggregate include the following consecutive terms doubled due to defendant's prior strike. Who are Florencia 13 enemies? In any event, we do not understand how defendant could have been prejudiced by the omission of such an instruction. Guillen is highest ranking among three gang generals, all housed at Pelican Bay, she said. 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." ), At trial the prosecutor argued to the jury: "A threat which may appear to be conditional on its face is unconditional under its circumstances. Cervantes testified for the defense that he was a Northerner who had known defendant for over 25 years. The Northerners in Elmwood were required "to follow the directives to remove inmates once they were ordered, and once they were determined and told to remove this person, or that this person was deemed 'no good,' that it was incumbent upon them to remove them with a deadly weapon. I believe his name is Henry Leyva. Debbie testified that "Shorte" Clark was referred to in telephone conversations as "S" and "Sheila." Count 7 alleged that defendant and Frank Ruiz conspired with others between January 22 and October 27, 2008 to assault Henry Leyvas, while count 6 alleged that defendant, Ruiz, and another individual conspired with others between May 1, 2008 and April 23, 2009 to assault Daniel Cervantes. WebNuestra Familia es una a organizacin criminal penitenciaria conformada por mexico americanos siendo originaria del norte California. Tirri learned that defendant was the regimental commander of the jail. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. The remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and The statute imposes two requirements on the proof of a threat victim's fear. Officer Gillotte understood the directive about dealing with Leyvas to mean he was to be assaulted at the first opportunity. (Health & Saf. Anthony "Chavo" Jacobs is currently in prison, The indictment charged that defendant conspired to assault Leyvas between January 22 and October 7, 2008 and Cervantes between May 1, 2008 and April 23, 2009 (the date of the indictment). In the end it's all about money, and how they go about it. 520-529.). In other words, defendant is asking this court to believe the testimony of Ruiz, apparently rejected by the jury, that when he wrote the kite in October 2008, defendant had been temporarily stripped of authority and placed "on freeze" by a mysterious kite that Ruiz destroyed after reading. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. It is true that, after Rodriguez questioned Debbie during a January 18, 2008 phone conversation about why she had not mentioned the search of her house, she told Sergeant Lewis that she was afraid of being exposed as an informant. Cervantes still acknowledged it was his fault. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Clark said his boy had not heard from Ochoa yet. (U//LES) Kanpoldirectly translating as south great references aztec numbering and Sureo. Lines in Aztec numbering represent 5, and dots represent 1; two lines and three dots add to 13. 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. At a hearing on March 15, 2013, defendant argued that if all the conspiracies were not part of one overall conspiracy, at least the drug sales were. He had another message from "Junior," a nickname for defendant. Debbie said defendant was mad about how Rodriguez had confronted her. . The section 995 motion was denied on July 9, 2010. His nickname is Lencho. 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. at p. (People v. Osslo (1958) 50 Cal.2d 75, 84.) 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. In May or June 2006, Greg approached Clark about working in defendant's regiment. 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. One agreement cannot b[e] taken to be several agreements and hence several conspiracies simply because it envisions committing more than one crime. You're to pay $200. She brought up the letter twice in contemporaneous telephone calls with defendant. According to Frank Ruiz, there is no protocol to removing sex offenders. According to Lewis, that meant more people were interested in buying PCP. Defendant later told Debbie he was upset because he was supposed to receive the drugs, but Greg got caught with them. Before confirming, please ensure that you have thoroughly read and verified the judgment. During her next meeting with Sergeant Lewis, he told that that she had to relocate that night. The evidence in that case focused on NF activities between 1989 and 1993. The gang's incarcerated leaders order the state's Norteno members to commit violent street crimes, from murders to assaults, robberies, burglaries, illegal drug sales and witness intimidation using kites at times smuggled in the rectums of gangsters who violate their parole in order to gain temporary entry to county jail, she said. The letter also referred to Ramirez as "on freeze" and Mendoza as " 'no good.' 1014.) Thus his removal was just.' 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. It was seized during the search of her residence but not identified until a day or two later. Who is Danny Popeye Roman? The prosecutor did not mention this letter in closing argument. When she agreed to cooperate with the police after her residence was searched, she told Sergeants Lewis and Livingston that she had a letter from her husband threatening to have her killed if she cooperated. "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." Documento de Documento de. . . Ruiz acknowledged that judgment was involved, for example, if the crime was statutory rape. 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. . I don't think they have proven an agreement. 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. Not every recorded call was played for the jury while Debbie was on the witness stand. WebQuin es el lder de los norteos? at pp. ", 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." "So he's just relaying information that has been related to him. Sergeant Lewis and Sergeant Dan Livingston of the Campbell Police were both involved with the search. And there is an oral warning at the beginning of every phone call. According to jail records, Cervantes was taken into custody on May 1, 2008. El ascenso de Cervantes marc la primera vez en dcadas que los norteos tenan un solo lder al frente de su organizacin criminal. A more significant factual difference is that Vargas described an organization in which NF members on the street made regular contributions to the NF bank. Roman said he had not touched it. Defendant had never discussed Cervantes with him. ABSTRACT The Norteos (Northeners) is a Hispanic gang that started in the prison system And he conspired to do that with other gang members. The prosecutor attached importance to this second post-letter conversation in argument to the jury. Cervantes has been in and out of jail and prison since 1987 and involved with PCP since 1990. (Santa Clara County Super. ", D. CONSPIRACIES TO ASSAULT DANIEL CERVANTES (COUNT 6) AND HENRY LEYVAS (COUNT 7). "I don't think they have proven their case. 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). ." Who started the Norteos? He was confirmed as a NF member when he returned from Mexico. Antonio Guillen was not a witness, though he was described by several witnesses. . According to Sergeant T. J. Lewis of the San Jose Police Department, defendant was placed in custody at the Santa Clara County Jail on March 8, 2007. The evidence of a conspiracy to smuggle drugs into the Santa Clara County Jail between January and June 1, 2007 was primarily seven recorded telephone calls, all on April 26, 2007. According to Sergeant Lewis, "brown" referred to Charlie Campa and "black" referred to Sammy Ramirez. Defendant does not elaborate on what that peculiar meaning is. He did not want to go at first but he was placed in protective custody. "This is a very organized group. at p. The contentions on appeal do not require a thorough review of all the evidence presented in 16 days of testimony. Clark was primarily responsible for the day-to-day operations of the regiment. He's been deemed no good. At the time, "Frank Ruiz was the authority in charge, the second in command to the Defendant, Lorenzo Guzman." So based on that, I am going to give the instruction, but the Meneses case clearly states that the issue is an issue of fact and not an issue of law. Defendant's opening brief reviews their testimony in great detail. 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. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. "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. 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. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. " Another two questions posed whether a statement not initially considered a threat may later be considered a threat under changed circumstances. The court denied defendant's motion, explaining: "What is clear, however, is that this Court has a sua sponte duty to instruct in this area when there was sufficient evidence to support either finding either a single or multiple conspiracies, and I believe that the record is replete with evidence to suggest either theory. 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. Anthony "Chavo" Jacobs is currently in prison, The kite also stated, " 'Also concerning Bear Cervantes. It was these factors that caused Debbie Guzman to be in fear, and not the August 2007 letter which she testified that she did not take seriously at the time." A substantial factor is more than a trivial or remote factor. Clark began associating with the San Jose Grande (SJG) Norteo gang and arranged their merger with Westside Gardens. Who are the Norteos allies? The Attorney General provides no record citations for these statements. That night, Clark got money from Charlie Campa and drove to Mexico with his wife. Had defense counsel asked for an instruction like CALCRIM No. John Mendoza testified that a "bad news list" is a list of everyone who has been deemed no good. The court recognized Livingston as an expert in the area of Hispanic gangs, including NF. 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. 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