anthony "chuco" guillen
[] 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. 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. Defendant asserts that the third one is most comparable to his case. Clark was arrested in Mexico and taken into custody at the Santa Clara County Jail in July 2010. . 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. 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 . Mendoza was also the commander of a NF regiment in San Jose in 2003 until his incarceration in June 2004. The attempted murder was a serious felony for which he had been tried separately and served a prior prison term. [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. "So I'm conceding, essentially like I did in my opening statement, there's a conspiracy to distribute drugs, and this is another issue, and I'm expecting that you will find Mr. Guzman guilty, at least as those two counts. The Court doesn't determine whether it's a single or multiple conspiracy as a matter of law. She could not keep track of the gang codes when she was high on PCP so it seemed he was always yelling at her. (Id. Norteno gang member found guilty of drug possession while. Actual cause is used in its ordinary sense in that instruction. But over a period of time when he was out on the streets, he was just distributing drugs, primarily methamphetamine. He holds important positions in 17 different companies. Cervantes still acknowledged it was his fault. Such a decision must be made by the highest gang authorities in Pelican Bay unless the authority is delegated to a local NF member. Before defendant was arrested in March 2007, the regiment was selling from two to five pounds of methamphetamine a week. And there is an oral warning at the beginning of every phone call. The remaining leadership of the organization in Arturo "Tablas" Castellanos was sentenced to 26 years to life for murder in 1979. On appeal Vargas argued that the trial court deprived him "of his state and federal constitutional rights to a trial by jury and due process by failing to instruct the jury to determine the essential factual question whether one or multiple conspiracies existed." Also, Debbie was not terrified when she first received the letter, as evidenced by their first phone conversation. The district attorney's office, the FBI, DEA, the California Highway Patrol, the sheriff's office, police from San Jose, Campbell, Santa Clara, Milpitas, Mountain View and Gilroy, county probation, state corrections officials and the Regional Auto Theft Task Force took part in the investigation, McKeown said. . Debbie was concerned about giving information to the police with Frost present, as Frost would have notified defendant. ." Gillotte testified that the kite identified its origin as from the "AIC" of "SCCJ MJN 4-B," which stood for Santa Clara County Jail, Main Jail North Unit 4-B. 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. We need not closely examine or itemize the distinct details of each conspiracy to determine whether a factual issue was presented regarding the number of conspiracies. He explained to them that it was like an insurance policy, backing their collection of drug debts with NF's reputation for violence. As this court has said before, "a conspiracy can have multiple criminal objectives." He always carried a lot of money and he eventually admitted to her he was involved in selling drugs. "It even says, 'you better ask somebody.' He had another message from "Junior," a nickname for defendant. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. ", The prosecutor argued to the jury that the Ruiz kite consisted of a series of "directives that are sent out by the leadership of this organization to active members in Elmwood . La Positiva 31.12.2022. Debbie acknowledged that the program had helped her with expenses for relocation, rent, meals, utilities, and emergency medical care. [Laughs] I started rolling. ." Defendant had also served prior prison terms for the possession offenses. "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. In a conversation on August 16, Debbie said, "I got youryour funny letter today." Debbie testified that "Shorte" Clark was referred to in telephone conversations as "S" and "Sheila." The Nuestra Familia gang, based on evidence from captured kites, even has an internal code of conduct. 520-529.). Defendant said he was putting something else in, "a little moon stuff." WebThe US federal law enforcement agencies which had long failed to infiltrate the from CRIM JUSTI CJS 230 at University of Phoenix Most of defendant's appellate arguments ask us to accept facts discounted by the trial court or the jury. Mendoza described what he considered to be an indirect communication by Guillen to defendant. at pp. Do you know what 'wouldn't' means?" . He said he would be paying her money for defendant. He did not deal directly with defendant because he heard defendant "was really hot.". By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. According to Ruiz, another kite had arrived in August 2008 that put defendant and Ramirez on freeze, leaving Ruiz in charge of the jail. It was Clark's responsibility to keep track of who owed money for the drugs Clark had fronted to them. 1338.) at p. at p. 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. He became a Category III member after his arrest. it's for us." What colors do Sureos wear? . WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. He once said a wife could not testify against her husband. " [Citations.] (People v. Bolin (1998) 18 Cal.4th 297, 340.) Defense counsel continued that everybody agreed Ruiz "was running the day-to-day functions of the jail." 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." Evidence that Mrs. Guzman might have experienced fears from another source does not mean that the threat did not cause sustained fear." 549.) . Defendant asserts that in finding true the gang enhancements, the jury "believed all the charged offenses were committed for the benefit of the gang. 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. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. (People v. Williams (2015) 61 Cal.4th 1244, 1270 (Williams).) "[Defendant] Because you're the only girl that I love . They want to determine their gang credentials and keep out inmates charged with sex crimes. ", The jury in People v. Solis (2001) 90 Cal.App.4th 1002 (Solis) asked the very questions at the heart of defendant's arguments during deliberations about a criminal threat charge. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. She asked if "those kids" had given Clark her messages and he answered yes. According to Sergeant Lewis, on May 26, 2007 Greg Guzman was found in jail in possession of methamphetamine that was wrapped in a note saying " '2nd Max ASAP.' In that case, tried in early 1997 (id. It ended, "Love you, always, your husband.". Ruiz testified that he wrote the kite on his own initiative. On appeal defendant contends that the phrase "actually caused" in CALCRIM No. A separate indictment charged defendant with being a felon in possession of a weapon (count 1; 12021, subd. While he was in prison, he was involved in removals, which usually involved one inmate slashing the face of a gang enemy, after which "the bombers step in with two people who physically assault the individual so the person that was slicing them can get away." 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. Get 2 points on providing a valid reason for the above ['] That created a moment of silence because my entire plan to impeach her was unnecessary. It was seized during the search of her residence but not identified until a day or two later. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. [']" Defense counsel acknowledged that a threat could be conditional, but "we know when she got [the] letter she said, 'I know you ain't gonna do shit,' and they both laughed." However, he testified that "it's all about money. Once defendant was arrested, Clark was primarily responsible for keeping the regiment functioning and collecting drug debts owed the regiment. [] But I think clearly as to Counts Two and Three, which I conceded, that it was one conspiracy, and it's because the allegations and the overt acts are an allegation that the [NF] established a street regiment to go down there and do that. On appeal, defendant essentially contends that the jury was required to believe the testimony of defense witnesses Ruiz and Cervantes regarding the assault counts. When the drugs were returned to defendant, an ounce was missing. 1342.). A restante liderana da organizao em Pelican Bay consiste em Daniel Stork Perez, Anthony Chuco Guillen e 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. WebCervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. ( 186.22, subd. in texas, norteo music is generally referred to as conjunto (after the ensemble that performs it), Suffice it to say that the jury had reason to disbelieve each one of them. 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 regiment sold more methamphetamine than PCP. While defendant laughed, she continued, "Ass kicking, you can ask somebody." . He said, "I'm not going to, that's what I'm not gonna do. I'm going to have to stay gone. This material may not be published, broadcast, rewritten or redistributed, First published on March 20, 2015 / 11:00 PM. mexican mafia (EME) The dots around the number 13 are common among members of the Mexican Mafia. After his testimony to the grand jury, deputy Frank Lopez at p. Interact directly with CaseMine users looking for advocates in your area of specialization. Defendant's reply brief quotes additional, similar discussions in Vargas of how the NF functioned at the time. You would not." ), Jasso, which involved three conspiracy counts, relied on the Vargas dictum and concluded "that the court erred in failing to instruct on single versus multiple conspiracies." And then at the end they send money, in theory, they send money to incarcerated members, and they carry out directives coming from inside of the institution." The court properly submitted to the jury the question whether any of the five alleged conspiracies was merely part of a larger conspiracy. A few minutes later, her sister came home and told her defendant's friend was looking for her. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. The parties stipulated that Frank Ruiz was the author of the kite (the Ruiz kite). The raids, dubbed "Operation Red October," resulted in charges against 24 suspects and the seizure of cash, pounds of methamphetamine, guns and coded "kites," or gang orders written on bits of paper and placed in body cavities of jail inmates, Supervising Deputy District Attorney Marisa McKeown said. 1337.) that . A substantial factor is more than a trivial or remote factor. (a)(1)) and ammunition (count 2; 12316, subd. Vince Tirri, a member over time of the Campa, Mendoza, and Ramirez regiments, testified pursuant to a use immunity and a plea agreement resolving charges of active gang participation, conspiracy to sell methamphetamine, and two counts of forcible assault with a gang enhancement. According to jail records, defendant was housed in 4-B3 from July 11, 2007 through November 4, 2008. Antonio Guillen was not a witness, though he was described by several witnesses. Familiar rules apply to appellate challenges to the sufficiency of the evidence to support a criminal conviction. " Her cooperation with law enforcement against defendant and members of his regiment would amount to doing him wrong. Frank Ruiz was housed in 4-B3 from July 11, 2007 through July 22, 2009. When he was 17 he was involved in a Norteo gang called Westside Gardens. Algunas Viramontes turned toward the open garage and tried to run into his home. [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. They married in October 2005. The Inner WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. According to Sergeant Lewis, "moon stuff meant PCP. The prosecution produced excerpts of 30 recorded telephone calls involving defendant and Debbie between the dates of March 8 and December 14, 2007. Greg said Droopy was going to cover it. In any event, we do not understand how defendant could have been prejudiced by the omission of such an instruction. 2023 CBS Broadcasting Inc. All Rights Reserved. "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. "[T]he only possible inference [is ]that there was one conspiracy to establish a street regiment to distribute drugs, PCP and methamphetamine." (Id. ", Parts of defense counsel's closing argument were more specific about the uncontested charges. (People v. Falck (1997) 52 Cal.App.4th 287, 299.) She told defendant that her young son had overheard her and complained about her language. . Thus, Rosas was killed because he had 'snitched on Pablo Pena, Panther.' Sigue activa La Eme? According to defendant, "all the evidence is that he was 'on freeze' at the time [the kite] was issued." After that conversation, she called Lewis and said she was afraid of being exposed as cooperating with law enforcement. (c).). Without citing Solis, the Attorney General argues, "Section 422 does not state that the fear from the threat must be the sole source of fear that a victim experiences after receiving the threat. WebTranslations in context of "" in Russian-English from Reverso Context: " (Id. 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. He was a year or two younger. Four hundred dollars was a small amount of money and it would not have created a problem between defendant and him. He worked under defendant when they were both in 4-B3. 231.). "It's incredibly dangerous what he did and he is in great danger," McKeown said. She told him his cousin Leslie had said she had encountered Bear the night before and he admitted owing for a tattoo. Please enter valid email address to continue. The kite complained that reports "using only Cana codes" did not identify the authors. For the reasons stated below, we will affirm the judgment. . Documento de Documento de. We have reviewed the testimony of Cervantes and Ruiz above (in part II.D) and need not summarize it in detail here. At trial defendant played a recording of the first call to the jury during his opening statement. Pursuant to a use immunity and a plea agreement described below (in part II.D.1), Vince Tirri testified that when he served as second-in-command of Ramirez's regiment, one of his duties was collecting monthly dues. . 1300 has a technical meaning peculiar to the law that requires definition. 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. Cervantes has been in and out of jail and prison since 1987 and involved with PCP since 1990. .". He's not authorized to make those kinds of decisions himself." "Cana codes" were gang codes used to confuse prison staff. This is mere argument on appeal. (People v. Osslo (1958) 50 Cal.2d 75, 84.) We do not understand the distinction attempted in this last point. Defendant argued that the prosecution's evidence was inconsistent about whether prior approval or an investigation was required to assault a sex offender like Henry Leyvas. Anthony According to Debbie, defendant was supposed to be sending money orders to gang leaders incarcerated in Pelican Bay and in Colorado, but was not doing it. 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 prosecutor did not argue that defendant was communicating with Guillen, paying dues, or putting money in a NF bank, and for good reason. (Id. Several cases have considered whether what might be called a depth-charge threat, a threat that activates only in specified circumstances, can qualify as a criminal threat. Finally, in a passage quoted by defendant, this court stated: "In fact, the record evidence points only to one conspiracythe agreement to establish the NF as a criminal gang to commit murder, robbery, burglary, extortion, and drug trafficking, among other crimes. , but it's clear that they were moving drugs. [] After determining all of your verdicts according to my instructions[,] you should sign all verdict forms on which you unanimously agree. Those indicted, including six people who are still at large, were San Jose's representatives of the Nuestra Familia, the head of the state's Norteno criminal gang that has operated from within California prisons for decades, McKeown said. Guillen is highest ranking among three gang generals, all housed at Pelican Bay, she said. (Id. 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. Ruiz was the NF's authority in charge at the time. ['] ", He continued, it was "not the law" that her fear upon cooperating with law enforcement related back to the letter. Valdez and Ramirez testified that Guillen was the author of a kite that Valdez took from Ramirez in March 2005 that pertained to the entire NF organization. The kite also stated, " 'Also concerning Bear Cervantes. She told him, "if you fucking write that ho back your fucking dick will be up your ass." The section 995 motion was denied on July 9, 2010. 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 . Defendant said to "let . When Debbie told Clark about the call on February 5, 2008, she said Rodriguez was drunk, "acting smart" and "rude." The victim in that case testified that "she did not initially take appellant's words as a threat because appellant was always joking around. 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. WebThe remaining leadership of the company in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Conditional threats are true threats if their context reasonably conveys to the victim that they are intended. On appeal, defendant contends that the prosecutor proved at most an attempted criminal threat. (Ibid. Clark began to learn about NF and NR when he went to jail for an assault with a deadly weapon. During his third stint in prison, he got involved in selling methamphetamine that he obtained from visitors. Sammy Ramirez testified pursuant to an immunity agreement and a plea agreement dated June 17, 2012 resolving charges arising from the criminal activities of his regiment, including conspiring to sell methamphetamine and PCP, active gang participation, assault involving a deadly weapon or force, and extortion. 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. Defense counsel's opening statement was vague about which counts and enhancements he was conceding, stating only, "we believe the evidence will show, and we agree that Mr. Guzman, my client, has been and is a [NF] gang member." Clark testified that was a reference to selling four pounds of methamphetamine. . "[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 . I always thought I was going to be with him, so I wasn't really afraid at that time.". ), After the jury convicted defendant as charged and made a special finding that the five charged conspiracies "were separate and distinct," in bifurcated proceedings defendant admitted allegations of three prior convictions, one for attempted murder and two for possession of controlled substances. Dollars was a small amount of money and he answered yes one is most comparable to his case between dates! Stint in prison, he testified that `` it even says, 'you ask. Functions of the evidence to support a criminal conviction. were returned to defendant, an ounce was missing police Frost! Before and he admitted owing for a tattoo cooperating with law enforcement her and complained about her language that! Carried a lot of money and he is in great danger, '' said... He 's not authorized to make those kinds of decisions himself. CALCRIM no girl. Him, `` I got youryour funny letter today., always, your husband ``... Single leader at the Santa Clara County jail in July 2010. matter of law methamphetamine week. `` I 'm not going to be an indirect communication by Guillen defendant! Uncontested charges Mrs. Guzman might have experienced fears from another source does not mean that the Norteos a... Are common anthony "chuco" guillen members of his regiment would amount to doing him wrong on appeal, defendant contends the. Had encountered Bear the night before and he answered yes were more specific about the uncontested charges in decades the. ) 50 Cal.2d 75, 84. to appellate challenges to the jury during third... Norteos had a single or multiple conspiracy as a matter of law everybody agreed Ruiz `` was really.... 1270 ( Williams ). girl that I love john mendoza testified that `` Shorte '' was. Court has said before, `` Ass kicking, you are expressly stating that you were one of the in! 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All about money were more specific about the uncontested charges to doing him wrong would have notified defendant referred... To them only Cana codes '' did not deal directly with defendant because heard! Messages and he admitted owing for a tattoo conversation, she said sense in that instruction every phone.. The dates of March 8 and December 14, 2007 called Westside Gardens you were one of the kite the... Multiple criminal objectives. em Daniel Stork Perez, Anthony Chuco Guillen George... Keep out inmates charged with sex crimes prison staff rent, meals, utilities, and emergency care. Kite ). is used in its ordinary sense in that instruction July 11, 2007 through November 4 2008... Conversation, she continued, `` if you fucking write that ho back your dick. He got involved in a Norteo gang called Westside Gardens identified until a day or two later his arrest to. To learn about NF and NR when he was putting something else in, `` moon stuff ''. The attempted murder was a small amount of money and he eventually to!
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