Somebody's wife was going to bring it to the guy who takes it in. CONSPIRACY TO SMUGGLE DRUGS INTO JAIL (COUNT 4). The prosecutor did not prove that defendant "entered into an agreement with anybody to assault either Henry Leyvas or Danny Cervantes.". However, it does not have to be the only factor that causes the [fear]." [Citation.]' (People v. Fierro (2010) 180 Cal.App.4th 1342, 1347.). 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. ), However, 20 to 30 minutes after this conversation, when a car horn honked and the victim looked out her front door, she saw defendant's friend parked across the street from her home. contains alphabet). Lewis and Ramirez testified that Guillen had directed Ramirez to set up a regiment in Santa Clara County. " (Id. at pp. . The prosecutor did acknowledge, "during those phone calls that you've heard, it's clear that the Defendant, they have a roller coaster relationship, and they go up and down." " " 'There's also a registered sex offender in M-8. (People v. Bolin (1998) 18 Cal.4th 297, 340.) Above the phones is a placard saying the same thing. Lewis told Debbie that she had been indicted and might lose her son if she went to prison instead of cooperating with the police. at p. mexican mafia (EME) The dots around the number 13 are common among members of the Mexican Mafia. (Id. (Id. Conditional threats are true threats if their context reasonably conveys to the victim that they are intended. Dreamer and Bad Boy walked up the driveway toward Viramontes, and both began shooting. 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." Clark said his boy had not heard from Ochoa yet. The exercise of that discretion involves questions of prosecutorial policies and judgment, not questions of fact for the jury to determine." Clark said "the black guy" was always getting the "pink socks." I didn't discuss it with Lorenzo Guzman. We're not contesting that issue. She said she wouldn't do that, and defendant asked if she was getting cold feet. WebMariano Chuy Martinez Varrio Nuevo Estrada was tried separately as he faced a possible death sentence for his involvement in the crimes detailed in the indictment. Debbie testified she had accompanied defendant when he tried unsuccessfully to collect the debt. Defendant does not appear to have been playing by the NF rules or following its directives. Ruiz said he would be on freeze, but not deemed no good. Who are the Norteos allies? 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. 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. 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. 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. . The threat need not create an immediate fear. 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. On appeal defendant contends "the trial court should not have instructed the jury to determine whether there existed multiple conspiracies or one single conspiracy, but should simply have consolidated the conspiracy counts into one single count" as the defense had requested. "He is the granddaddy of the Nortenos in California," McKeown said. SAN JOSE (CBS SF) -- Two dozen alleged associates of the statewide criminal gang Nuestra Familia were indicted in San Jose on March 4 on 34 felony counts following raids by law enforcement last Oct. 30 in the South Bay and Modesto, according to the Santa Clara County District Attorney's Office. The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. Whether the object of a single agreement is to commit one or many crimes, it is in either case the agreement which constitutes the crime. Mendoza testified that it was almost inevitable that wives of NF members were exposed to gang business. [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. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. ." Facebook gives people the power to share and makes the world At defendant's request after his arrest, Clark arranged that Sammy Ramirez would sell 1.5 ounces of PCP that defendant had left behind. Her cooperation with law enforcement against defendant and members of his regiment would amount to doing him wrong. COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT. It was Clark's responsibility to keep track of who owed money for the drugs Clark had fronted to 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. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Clark did meet defendant's brother Greg "Joker" Guzman in San Quentin. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Solis had a written message for defendant from Clark. Get 2 points on providing a valid reason for the above 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. While defendant laughed, she continued, "Ass kicking, you can ask somebody." 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). "[A]t the time that that message went out, we know that the only person that had the authority to be the authority behind that kite deeming Bear Cervantes 'no good' was the Defendant. He became a Category III member after his arrest. (Jasso, supra, 142 Cal.App.4th at p. 518.) The prosecutor in our case acknowledged to the jury, "Obviously there was a delay because when she became real fearful from that threat from August 15th, until she began cooperating with law enforcement in December of 2007 . Stephanie used methamphetamine, while Debbie never did. He was confirmed as a NF member when he returned from Mexico. 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." Who started the Norteos? At trial Debbie could not remember "Bear's" real name. ( 186.22, subd. . 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. Also, the drug sales and drug smuggling conspiracies in counts 2, 3, and particularly count 4, smuggling, were independent of each other. 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 again asked what she was talking about, and she reminded him of the "literally" part of a letter. It was seized during the search of her residence but not identified until a day or two later. WebNuestra Familia es una a organizacin criminal penitenciaria conformada por mexico americanos siendo originaria del norte California. (Vargas, supra, 91 Cal.App.4th at p. . "My one and only, my sometimes difficult one and only, but, nevertheless, she's mine and I love her to death and I mean that literally. After defendant was incarcerated, Ramirez contacted defendant's PCP supplier, Mario, and obtained PCP from him. 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. "[P]ink" became a code for PCP. Accordingly, the court instructed the jury in terms of CALJIC No. That day Debbie went to the office of the investigators and agreed to cooperate. Debbie said that defendant was eager to get the money. The film is based upon an original screenplay by Floyd Mutrux and Desmond Nakano. The instruction purportedly requested by defendant and refused by the court does not appear in the record on appeal. There were four cells. at p. 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." An immediate ability to carry out the threat is not required.". ", After the jury's verdict, in a sentencing memo and a motion for new trial defendant asked the trial court, among other things, to set aside the jury's separate conspiracies finding and to find "that counts 2, 3 and 4 were one single conspiracy to sell and distribute drugs for the organization." He was brought to the Santa Clara County Jail in August 2007 to face a charge. Defendant was "the overall authority in the county jail as the regimental commander . Debbie said she would tell Ochoa to call. 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. 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. That's really what it all comes down to when you're talking about [NF]. Defendant had also served prior prison terms for the possession offenses. Ramirez did not meet Clayton Clark until after defendant was arrested. Someone retrieved the methamphetamine from Cervantes on defendant's behalf. 'Claims challenging the sufficiency of the evidence to uphold a judgment are generally reviewed under the substantial evidence standard. Her fear of something happening to her or her son would not end with the end of defendant's trial. [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. Furthermore, 'In deciding the sufficiency of the evidence, a reviewing court resolves neither credibility issues nor evidentiary conflicts. Ruiz testified that he wrote the kite on his own initiative. . 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. Defendant's regiment was selling methamphetamine, PCP, and sometimes marijuana. WebIndemnizaciones SOAT: Informacin sobre personas fallecidas en accidentes de trnsito con cobertura de SOAT cuyo. You better ask somebody." [] The word 'immediate' means that degree of seriousness and imminence which is understood by the victim to be attached to the future prospect of the threat being carried out, should the conditions not be met. Aside from Barba, those indicted as a result of Operation Red October were Arlindo "Gino" Silva, 44; Benjamin "Big Happy" Mendez, 37; Carlos Roman, 40; Cassey Klauer, 27; Colleen Dunn, 51; Daniel "Bird" Millich, 37; Diego "Chucky" Mendoza, 25; Fidadelfo "Lil Sav" Ortiz, 17; Frank "Digit" Cruz, 29; Fred "Maton" Macias, 35; Freddie DeLaCruz, 33; Herman "Chango" Sifuentes, 34; Jacob "Tank" Dominguez, 29, James "Pistol" Gonzales, 33; Jesus "Yoosh" Varela, 30; Juan "Monster" Garcia," 22; Juanita Rivera, 48; Karlee Ochoa, 35; Peter "Payaso" Avila, 29; Raymond "Oldies" Garcia, 35; Rodolfo "Zeke" Rodriguez, 36; Shawn Vernon "Bam-Bam" Lee, 34; and Sonya "Giggles" Rodriguez, 49.
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