For the same reason we will do the same for other individuals, such as defendant's brother Greg. We have reviewed the testimony of Cervantes and Ruiz above (in part II.D) and need not summarize it in detail here. She enjoyed the status of being his wife. . 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. Apart from Ruiz's testimony that defendant was temporarily removed from his position as the overcall NF jail authority when Ruiz wrote the kite, the prosecution's evidence established that defendant was the only NF authority in the Santa Clara County Jail who could authorize removals and that he had a motive to deem Cervantes no good, namely an unpaid drug debt. He wouldn't be here if he wasn't helping him . ." Her cooperation with law enforcement against defendant and members of his regiment would amount to doing him wrong. ", A conspiracy is usually regarded as continuing until the target offense is committed unless it is frustrated or abandoned. 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. Get browser notifications for breaking news, live events, and exclusive reporting. This dialog followed. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. When they met later that day, Rodriguez paid her $100. Also, the drug sales and drug smuggling conspiracies in counts 2, 3, and particularly count 4, smuggling, were independent of each other. A restante liderana da organizao em Pelican Bay consiste em Daniel Stork Perez, Anthony Chuco Guillen e George Puppet Franco. Dreamer and Bad Boy walked up the driveway toward Viramontes, and both began shooting. 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. The witness then feared for her life and called the police. 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. Sergeant Lewis and Debbie had differing recollections about why he decided to relocate her on February 18, 2008. A few minutes later, her sister came home and told her defendant's friend was looking for her. As the Attorney General states, "the defense theory was that the interactions between appellant and his wife showed that the letter did not cause fear, not that it was only a remote cause of the fear." Two of those conspiracies involved defendant establishing a NF "regiment" in Santa Clara County beginning April 25, 2002. 519.) Clark became second in command in defendant's regiment, which meant that Clark reported to him and took care of the drug sales. September 1, 2010 / 9:38 AM / CBS San Francisco. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. During his third stint in prison, he got involved in selling methamphetamine that he obtained from visitors. John Mendoza testified that a "bad news list" is a list of everyone who has been deemed no good. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. As defendant was housed on the fourth floor, when Tirri met defendant at medical, they discussed the status of everyone in 2nd East Max. 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 threat need not create an immediate fear. Debbie said that "Sheila" wanted to get on the phone. Defendant's opening brief reviews their testimony in great detail. We focus on the evidence relevant to the issues and arguments on appeal. The phone system was designed to prevent three-way calls, but inmates could thwart it by making certain noises into the phone. Debbie testified she had accompanied defendant when he tried unsuccessfully to collect the debt. Norteos. 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." They called each other only about important matters like the prices of dope. Code, 182, subd. [] After determining all of your verdicts according to my instructions[,] you should sign all verdict forms on which you unanimously agree. Their trial is set to start on April 13 in Superior Court in San Jose. Defendant had also served prior prison terms for the possession offenses. Clark testified that when he was defendant's second in command, he did not collect dues from regiment members. "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. As this court has said before, "a conspiracy can have multiple criminal objectives." She asked, " 'Cause I know you, babe, would you really do that?" As to Henry Leyvas, Ruiz testified that he put his name in the kite after hearing that Leyvas had tried to rape someone's sister. 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. Once defendant was arrested, Clark was primarily responsible for keeping the regiment functioning and collecting drug debts owed the 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 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." . 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." ( 186.22, subd. The contributions from individual members were to be made from dealing drugs or getting " 'contributions' " from drug dealers. (Id. (People v. Osslo (1958) 50 Cal.2d 75, 84.) . (Jasso, supra, 142 Cal.App.4th at p. On February 19 Debbie had a recorded telephone conversation with Jack Ochoa. According to Lewis, while they were meeting, he noticed a car circling them and looking intently at them. Ruiz said that he was in charge of the jail though there were other active NF members in jail who were not on freeze. (b)-(i); 667.5, subd. At trial defendant played a recording of the first call to the jury during his opening statement. 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. . Another kite threatened someone to do a "removal," a term for murder, saying, "You are to conduct a removal within two or three weeks and if you don't, you will face violence," she said. ", Defendant argued to the jury that sometimes removals were not ordered by the highest authority. Count 3 alleged that defendant and 12 of those individuals conspired with others to sell phencyclidine (PCP) during the same time period. Debbie acknowledged that the program had helped her with expenses for relocation, rent, meals, utilities, and emergency medical care. A threat which may appear conditional on its face can be unconditional under the circumstances. The letter also referred to Ramirez as "on freeze" and Mendoza as " 'no good.' Debbie said she would tell Ochoa to call. In any event, we do not understand how defendant could have been prejudiced by the omission of such an instruction. Antonio "Chuco" Guillen began serving a 25-years-to-life sentence for murder in 2000. 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. Tipo de Nmero de. You know you ain't gonna do shit." This court recognized that "[a] trial court is required to instruct the jury to determine whether a single or multiple conspiracies exist only when there is evidence to support alternative findings." Is OKC or Tulsa safer? 539, 543), various NF members testified about the organization and its criminal activities between approximately 1989 and 1993. They've done it since the 60s.". "Frank Ruiz said, ['] well, I was running this as the overall authority. Sureo and white gangs also assault sex offenders. Conditional threats are true threats if their context reasonably conveys to the victim that they are intended. When defendant questioned Cervantes, Cervantes said he had received it that way and had not weighed it. The prosecutor attached importance to this second post-letter conversation in argument to the jury. Defendant once told Debbie about a situation in the 1990s when one of the wives got killed for talking after several gang members got arrested for drug sales. (People v. Mendoza (1997) 59 Cal.App.4th 1333, 1339 (Mendoza). 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. Anthony "Chavo" Jacobs is currently in prison, Nuestra Familia was organized at Correctional Training Facility in Soledad, California in 1965. According to gang expert Valdez, when an inmate comes to an institution, the prison gang will ask for the inmate's paperwork. After his testimony to the grand jury, deputy Frank Lopez Code, 11379.5, subd. "[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." COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT. They would want to make money on it. 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, defendant was housed in 4-B3 from July 11, 2007 through November 4, 2008. While Debbie testified that she was not immediately concerned about the August 15 letter, she did not forget about it either. Code, 11379, subd. at p. "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." Debbie commented, "all that drama just over $400." What is the biggest gang in California? You should consider all of the applicable evidence and determine this issue. As we will explain in part II.B, post, the conspiracy was actually to smuggle PCP and methamphetamine into the Santa Clara County Jail. 1012-1013.) WebThe US federal law enforcement agencies which had long failed to infiltrate the from CRIM JUSTI CJS 230 at University of Phoenix Debbie did not testify, contrary to defendant's appellate arguments, that she would have been as afraid of NF reprisals without his written threat. Four hundred dollars was a small amount of money and it would not have created a problem between defendant and him. Defendant said to "let . ", We consider Vargas, supra, 91 Cal.App.4th 506 to have been a unique case factually where the prosecution's evidence of one overall conspiracy was apparently so compelling that no reasonable juror could have found the existence of more than one conspiracy. According to Sergeant Lewis, Officer Gillotte, John Mendoza, Sammy Ramirez, and Vince Tirri, "only the regimental commander has the authority to order removals in the county jail, and they must conduct an investigation before that order is given." He did not want to go at first but he was placed in protective custody. The NF members on the " 'street' " were under the control of the Regional Security Department (RSD) to whom they were to report. While all Nuestra Familia 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. 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. Suffice it to say that the jury had reason to disbelieve each one of them. He said he would be paying her money for defendant. The Court doesn't determine whether it's a single or multiple conspiracy as a matter of law. In 2009, Tirri and defendant were housed together in administrative segregation. Founded 1968; Allies: Nuestra Familia Hells Angels Outlaws Motorcycle Club People Nation CJNG Crips {in some state such as Washington and At the time, Greg was housed in an area of the jail known as the snake pits, along with David "Pookie" Bermudez and Aldo "Droopy" Martinez. Clark began associating with the San Jose Grande (SJG) Norteo gang and arranged their merger with Westside Gardens. "The people in this indictment are on a level of sophistication and leadership, and with corroborating evidence, that we have never seen before," she said. at pp. In some cases inmates with a problem with NF are placed in 4-B3 to determine their status with the NF. .". They want to determine their gang credentials and keep out inmates charged with sex crimes. 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. 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. La Eme ainda est activa? Do you know what 'wouldn't' means?" Defendant asserted that every single witness had testified that there was one conspiracy to sell methamphetamine and PCP. 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. He had another message from "Junior," a nickname for defendant. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. On appeal, defendant contends that the prosecutor proved at most an attempted criminal threat. In July 2006 Clark approached defendant and proposed that the SJG gang would sell methamphetamine for him. ." At the time, "Frank Ruiz was the authority in charge, the second in command to the Defendant, Lorenzo Guzman." According to Tirri, Ruiz told Tirri that Cervantes had been removed. Ruiz and Cervantes both testified that Cervantes talked to Ruiz in February 2009 about his $400 debt to defendant. Guillen is highest ranking among three gang generals, all housed at Pelican Bay, she said. We do not believe the jury could have reasonably reached these conclusions based on the evidence. 2023 CBS Broadcasting Inc. All Rights Reserved. "Cana codes" were gang codes used to confuse prison staff. Mendoza testified that it was almost inevitable that wives of NF members were exposed to gang business. That night, Clark got money from Charlie Campa and drove to Mexico with his wife. The gang's rules were not always followed. After defendant was incarcerated, Ramirez contacted defendant's PCP supplier, Mario, and obtained PCP from him. 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. Unspecified section references are to the Penal Code. CALCRIM No. On appeal defendant points to another potential source of Debbie's fear. And that authority only resides with the regimental commander, and that was the Defendant. It's commission monthlies, they call them monthlies on every member of the regiment is to pay $200, and it goes back to the main bank plus the 25 percent." . There was testimony about Guillen's communication with leaders of other NF regiments. 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. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. She could not keep track of the gang codes when she was high on PCP so it seemed he was always yelling at her. In evidence were eight recorded calls involving defendant and Clark between March 16 and July 2, 2007. . According to Tirri, if a gang member did not remove someone who had been deemed no good, the gang member could potentially be removed. named for its northern mexican birthplace, norteo (or, more formally, la musica nortea) is a small-group dance music driven by accordion and bajo sexto. A. CONSPIRACIES TO SELL METHAMPHETAMINE (COUNT 2) AND PCP (COUNT 3). Defendant asserts that the third one is most comparable to his case. He once said a wife could not testify against her husband. 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. 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. You're to pay $200. At trial she denied appellant's words alone frightened her." at p. Cervantes testified that he was never assaulted while in jail before he bailed out in September 2007 or when he returned. Clark was arrested in Mexico and taken into custody at the Santa Clara County Jail in July 2010. 620 [when more than one cause of death]. It means you are in bad standing with the organization. Most sexual offenders are placed in protective custody on a case-by-case basis. They sometimes spoke during a three-way call involving Debbie. Had defense counsel asked for an instruction like CALCRIM No. (Vargas, supra, 91 Cal.App.4th at p. [']" Mendoza testified that people break gang rules all the time. Because if my baby does me wrong, death going to part us. A substantial factor is more than a trivial or remote factor. Debbie said defendant was mad about how Rodriguez had confronted her. 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. . 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. Lewis equivocated on cross-examination, saying that some regiments charge a higher price for narcotics in lieu of collecting $200 monthly dues. Defendant said, "Yeah, like four." He became the secretary of Skip Villanueva, a high-ranking NF member. * Enter a valid Journal (must Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. Clark said his boy had not heard from Ochoa yet. The Ruiz kite, addressed to the Elmwood facility, was intercepted and brought to the attention of Dennis Gillotte, a Correctional Deputy for the Santa Clara County Sheriff's Office. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. The statute imposes two requirements on the proof of a threat victim's fear. . " Another two questions posed whether a statement not initially considered a threat may later be considered a threat under changed circumstances. (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. The record citations do not support this contention. 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." 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. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. 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. Incarceration ended her addiction to PCP. at p. Defense counsel paraphrased it as saying, when a single agreement contemplates the violation of several Penal Code statutes like distribution of methamphetamine, distribution of PCP or other things through subagreements or subconspiracies to accomplish the objective of the agreement, it counts as a single conspiracy. Gutierrez called Vanessa again around 3:15 p.m. to finish delivering the message. . Mendoza had spent his teenage years in a Northern gang in San Francisco. I didn't discuss it with Lorenzo Guzman. 1342.). WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. "[H]e was acting smart and he was acting rude and he was like saying how come you didn't tell us your house got raided . Sergeant Lewis, Sergeant Livingston, and Correctional Officer Valdez testified 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." Facebook gives people the power to share and makes the world After disputing the remaining charges, defense counsel clarified that he was asking the jury to "find my client not guilty of . The remaining leadership of the organization in There is a standing order for the gang to assault a sex offender who is housed with a gang. CONSPIRACY TO SMUGGLE DRUGS INTO JAIL (COUNT 4). 1340. Copyright 2015 by CBS San Francisco and Bay City News Service. She told defendant that her young son had overheard her and complained about her language. . There has to be an incident report explaining any assault. Jack Ochoa supplied defendant with "ice," methamphetamine. Gillotte was not aware that Cervantes actually had been removed by an assault. ( 422. She asked him not to leave her. Droopy told Cindy that Kelly would be calling her the next day. At trial Debbie could not remember "Bear's" real name. What the Attorney General asserts does not resemble the prosecution's arguments to the jury. But over a period of time when he was out on the streets, he was just distributing drugs, primarily methamphetamine. His son Danny and Stephanie helped. It was a specific threat to have her killed. . Several members of defendant's regiment and other NF regiments were among those who testified about the operation of defendant's regiment. WebAntonio Chuco Guillen (Nuestra Familia General) Chuco is doin 25-life for his role in killing an NF dropout in 1999. (Health & Saf. It is not the role of an appellate court to redetermine questions of credibility. / CBS San Francisco. at p. Defendant challenges the sufficiency of the evidence supporting his convictions of conspiring to assault Daniel Cervantes (count 6) and Henry Leyvas (count 7). 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. 553.) I'm going to have to stay gone. We're not contesting that." All rights reserved. The prosecutor did not mention this letter in closing argument. Clark was paroled in October 2005. 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. Lewis said it was common to have NR members like Gutierrez pass along messages from NF members. However, no one until now has described this call as threatening. ( 667.5, subd. Tirri was arrested in October 2006. Who are Florencia 13 enemies? The prosecution opposed this request. 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. it's for us." 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. His nickname is Lencho. At the close of evidence, defendant argued to the jury that the phone calls containing no threats by him, such as their initial laughter-filled discussion of his letter and his later phone conversations with Debbie in December 2007 about other topics such as the search of their residence, were more emblematic of his feelings and intent. 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. 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. 460. at p. Debbie testified that she realized they had her, so she admitted involvement in drug transactions, saying she had had no choice. When defendant met with other regiment leaders, Ramirez talked about messages he had received from the NF leadership in Pelican Bay State Prison saying defendant had not been communicating with them and "hasn't paid his dues . Organized at Correctional Training Facility in Soledad, California in 1965 multiple conspiracy a... Ramirez contacted defendant 's regiment asserts that the third one is most comparable to his case Rodriguez paid $... Exclusive reporting reason to disbelieve each one of the organization and its criminal activities between approximately 1989 1993. On this tab, you are in bad standing with the regimental,! 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