One of the cases cited as favoring presenting the issue to a jury was this court's opinion in Jasso, supra, 142 Cal.App.4th 1213. You better ask somebody." According to jail inmate John "Boxer" Mendoza, at the same time defendant arrived in jail, so did his codefendants Frank "Joker" Ruiz, a Nuestra Raza (NR) member, and Marco "Huero" Abundiz, a NF member. The kite also stated, " 'Also concerning Bear Cervantes. "[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. Conditional threats are true threats if their context reasonably conveys to the victim that they are intended. In another context, the Attorney General's brief cites the testimony of Sergeant Lewis and Mendoza about the obligation of members of other regiments to pay $200 monthly dues, but no testimony about members of defendant's regiment paying dues. Defendant initially called Debbie. " Another two questions posed whether a statement not initially considered a threat may later be considered a threat under changed circumstances. 1272. Clark testified that when he was defendant's second in command, he did not collect dues from regiment members. The prosecutor did not argue that defendant was communicating with Guillen, paying dues, or putting money in a NF bank, and for good reason. . 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." [] 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. Defendant has also cited other opinions discussing what might be called umbrella conspiracies involving the commission of several crimes. The section 995 motion was denied on July 9, 2010. 211398 & 211138). One agreement cannot b[e] taken to be several agreements and hence several conspiracies simply because it envisions committing more than one crime. Gillotte attempted to locate Cervantes, but he was not in custody. . 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." Get 2 points on providing a valid reason for the above Most of defendant's appellate arguments ask us to accept facts discounted by the trial court or the jury. After denying defendant's motion for a new trial, the court sentenced defendant to 40 years, 4 months in prison. Debbie agreed to record phone calls with a digital recorder. According to Mendoza, sex offenders are not automatic gang targets. . [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. On December 17, 2007, the police conducted a search of Debbie's residence while she and her housemate, Leslie Frost, defendant's cousin, were present. "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. 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. This led to a power struggle between the federal prisoners and NF members who remained in Pelican Bay. The Inner But it says in association with, you might find if it's been proved and the subsequent crimes have been proved.". WebThe remaining leadership of the company in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. She thought back to that threat, and that threat made her think, [']my husband is going to have m[e] killed if I make this decision. At the time, "Frank Ruiz was the authority in charge, the second in command to the Defendant, Lorenzo Guzman." What is the biggest gang in California? .' 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). The only crime without a gang enhancement was defendant's active participation in the NF criminal street gang between April 25, 2002, and April 23, 2009 (the date of his indictment (count 1; 186.22, subd. Defendant sometimes brought her along when he picked up money and dropped off drugs. In one case, a gang member who threatened a man in front of the man's wife and children was ordered by gang leaders to pay a $500 fine, she said. Lewis said he did not believe her based on the recorded telephone calls. An act causes [fear], only if it is a substantial factor in causing the [fear]. While all Norteo soldiers and 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. 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. ." 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. --------. [']" "I don't even think a conspiracy has been proved[] [i]f you give Frank Ruiz any credence whatsoever[. Get 1 point on adding a valid citation to this judgment. Debbie was concerned about giving information to the police with Frost present, as Frost would have notified defendant. ", 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." Defendant does not elaborate on what that peculiar meaning is. Second, the actual sustained fear must be objectively reasonable, to the extent fear can be described as "reasonable." (Williams, supra, at p. Leslie said that Bear told her he had moved to Modesto and would call her back and, when she called him two days later, his phone was disconnected. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. 1014.) 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. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. 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). 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. "I don't think they have proven their case. at p. " " 'There's also a registered sex offender in M-8. According to gang expert Valdez, when an inmate comes to an institution, the prison gang will ask for the inmate's paperwork. Gutierrez called Vanessa a third time at 3:45 p.m. 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. She had told him that he could believe what he wanted, but it wasn't true. Because if my baby does me wrong, death going to part us. (Police Booking Photo), VIEW OPERATION RED OCTOBER INDICTMENT BOOKING PHOTOS, Public File for KBCW-TV / KBCW 44 Cable 12. Lewis told her to stay in a hotel overnight. 553.) Droopy told Cindy that Kelly would be calling her the next day. After agreeing to cooperate with law enforcement, on January 16, 2008, Debbie recorded a telephone call she made to Leslie. Theater. Apellido Apellido Primer Segundo Nmero de la. For the reasons stated below, we will affirm the judgment. Solis had a written message for defendant from Clark. 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." . In some cases inmates with a problem with NF are placed in 4-B3 to determine their status with the NF. It means you are in bad standing with the organization. The kite said Cervantes' "removal was just" because Ruiz testified that he thought "this whole thing with Cervantes was past tense" because he had received misinformation that Cervantes had gone into protective custody. She said she wouldn't do that, and defendant asked if she was getting cold feet. Debbie testified that she was not afraid when she received the letter in August 2007 because she intended to stand by defendant, but she became afraid in December 2007 and January 2008 when conditions changed and she agreed to cooperate with law enforcement after they searched her residence and confronted her with evidence of her guilt. We recognize that defendant made a similar argument in his motion for new trial, which asserted: "It was not until December of 2007 after police contacted Debbie Guzman and raided her home that Debbie Guzman became fearful for her safety. ( 186.22, subd. 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 Steve "Pnut" Barba was convicted of stabbing San Francisco 49ers player Aldon Smith in the chest at a party. Algunas at p. The shootings led to charges of murder involving personal discharge of a firearm and attempted murder involving personal discharge of a firearm causing great bodily injury, among the charges resolved by Clark's plea agreement. There was no such testimony. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Defendant taught Debbie how to package methamphetamine and PCP for sale. Gillotte was not aware that Cervantes actually had been removed by an assault. (Vargas, supra, 91 Cal.App.4th 506, 517-518.) Once defendant was arrested, Clark was primarily responsible for keeping the regiment functioning and collecting drug debts owed the regiment. Debbie acknowledged that the program had helped her with expenses for relocation, rent, meals, utilities, and emergency medical care. Dreamer and Bad Boy walked up the driveway toward Viramontes, and both began shooting. The kite complained that reports "using only Cana codes" did not identify the authors. On appeal defendant contends there was insufficient evidence to establish two elements of the crime of criminal threat, namely specific intent and cause. ", Pursuant to this instruction, in addition to finding defendant guilty of the conspiracies alleged in counts 2 (to sell methamphetamine), 3 (to sell PCP), 4 (to smuggle a controlled substance into a penal institution), 6 (to assault Daniel Cervantes with a deadly weapon and 7 (to assault Henry Leyvas with a deadly weapon), the jury made a special finding that these five conspiracies "were separate and distinct. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Leslie had said she would collect it for him. 2015 CBS Broadcasting Inc. All Rights Reserved. We have reviewed the testimony of Cervantes and Ruiz above (in part II.D) and need not summarize it in detail here. 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. . Dreamer and Bad Boy walked up the driveway toward Viramontes, and both began shooting. We do not understand the distinction attempted in this last point. While Debbie testified that she was not immediately concerned about the August 15 letter, she did not forget about it either. It was for the jury "to decide, when she got this letter, it was something that put her in sustained fear as opposed to something else that happened later . She asked, " 'Cause I know you, babe, would you really do that?" Thus his removal was just.' 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.' Debbie resumed using PCP with defendant in 2006. As they do not involve criminal street gangs in general or the NF in particular, we see no need to distinguish each factually, as the Attorney General has done. Prisoners and NF members who remained in Pelican Bay consists of Daniel Stork Perez Anthony! 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