No one has to approve it even if the offender is a NR member. Mendoza believed that Paul Lopez was the real author of a letter purportedly from his wife Norma to defendant postmarked February 21, 2008. Documento de Documento de. Clark said his boy had not heard from Ochoa yet. WebQuin es el lder de los norteos? 460. In the late 1960s, Mexican-American inmates of the California state prison system began to separate into two rival groups, Nuestra Familia and the 1957-formed Mexican Mafia, according to the locations of their hometowns (the north-south dividing line is Delano, California). The letter (Exhibit 168) does not appear in the record on appeal. [Laughs] I started rolling. The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. 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. When he went to San Quentin Prison in 2000 after a domestic violence conviction, he was invited to join NR. 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. People v. Meneses (2008) 165 Cal.App.4th 1648. 1338.) When Clark was in San Quentin Prison, as tier security and a block general for the NF he reported in writing to defendant, who was the NF Authority in Charge of the prison. Cervantes explained to Ruiz he had not gone into protective custody. ), We accept the premise that when there is a factual dispute about whether a criminal defendant's conduct was among the causes of a victim's fear, injury, or death, the trial court sua sponte must give instructions about proximate causation and intervening, superseding causes. 1012-1013.) 1337.) Lewis told her to stay in a hotel overnight. Also, Debbie was not terrified when she first received the letter, as evidenced by their first phone conversation. (Ibid.). Anthony "Chavo" Jacobs is currently in prison, The decision to kill Rosas, being one in furtherance of the overriding purpose of the conspiracy, was part of the overall conspiracy, and hence cannot be the basis for filing a separate charge of conspiracy." At trial she denied appellant's words alone frightened her." Solis said he was going to be making payments to her. (Id. According to Mendoza, this was a coded message saying that defendant was the regimental commander of the Santa Clara County Jail and that Paul Lopez ("PJ") and Rudy Miramontes ("Debbie" or "Dancing Bear"), a NF member, should work with him in that capacity. It will never end. ), Defendant has relied heavily on this court's Vargas opinion to support his conclusion that only one conspiracy has been proved. 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. The prosecution responded that some former codefendants just sold methamphetamine, while others just sold PCP, and yet others sold both, so there was evidence of different conspiracies and separate and distinct violations of different statutes. (People v. Vargas (2001) 91 Cal.App.4th 506, 555 (Vargas). at p. He once said a wife could not testify against her husband. As far as he is concerned, there should be no problems with Debbie and PJ helping out with some of the chores around the house when necessary. Sureos ( Spanish for Southerners ) are a group of Mexican-American street gangs with origins in " [Citations.] 520-529.). 1300 has a technical meaning peculiar to the law that requires definition. [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. change. Their paperwork should be reviewed. Within a prison or county jail, the regimental commander has the authority to deem someone no good. "[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." (Id. The Attorney General also explains how federal decisions have differentiated " 'vertical' " or " 'chain' " conspiracies from " 'hub and spoke' " conspiracies, while acknowledging the distinction "is of only limited value in determining whether an illegal drug distribution network is one or more conspiracies. Citation. Defendant occasionally fronted him drugs, though Cervantes was not functioning as part of a regiment. . She had also tried unsuccessfully to collect the debt from "Bear" at defendant's request. She had told him that he could believe what he wanted, but it wasn't true. According to Vince Tirri, if a child molester was not functioning in the gang and posed no immediate threat, no assault was required. Debbie asked if defendant remembered how she was always cold and if he would like to have her body on him. (People v. Saling (1972) 7 Cal.3d 844, 852.) it's for us." (Id. at p. 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. 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. Gutierrez called Vanessa again around 3:15 p.m. to finish delivering the message. The letter also referred to Ramirez as "on freeze" and Mendoza as " 'no good.' 1223.) They sometimes spoke during a three-way call involving Debbie. WebAntonio Chuco Guillen (Nuestra Familia General) Chuco is doin 25-life for his role in killing an NF dropout in 1999. They haven't proven their case as to Henry Leyvas for sure because the conspiracy requires an actual agreement. 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. The inmates are notified in three different ways. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and Tipo de Nmero de. The jury was also instructed about the elements of attempted criminal threat, a lesser offense of criminal threat, in terms of CALCRIM No. Defendant's record citations do not support this statement. 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. Get 1 point on providing a valid sentiment to this Ruiz testified that he wrote the kite on his own initiative. Two of those conspiracies involved defendant establishing a NF "regiment" in Santa Clara County beginning April 25, 2002. It is up to the conspirators to establish the primary goal or goals of the conspiracy. ". The Attorney General provides no record citations for these statements. . Regarding the true cause of Debbie's fear, on appeal defendant advances a factual argument he did not make to the jury. "He is the granddaddy of the Nortenos in California," McKeown said. While these conspiracies allegedly occupied different time periods, namely January 22 to October 27, 2008, for Leyvas and May 1, 2008, to April 23, 2009 for Cervantes, the documentary evidence of both conspiracies was one kite written by Frank Ruiz on October 21, 2008 and sent to the Elmwood jail facility. Sergeant Lewis acknowledged that he had not encountered a regiment bank containing large amounts of money. According to Lewis, Debbie kept bringing up a threatening letter. . According to Sergeant Lewis, a NF member who is "deemed no good" by a gang member is subject to violent assault by other NF members. Defendant kept drugs at their house, but they packaged the drugs at his sister Stephanie's house. He spent time in two other units in Elmwood before being released from custody on September 21, 2008. 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. Debbie said that defendant was eager to get the money. ", Defendant argued to the jury that sometimes removals were not ordered by the highest authority. Lewis said he did not believe her based on the recorded telephone calls. Frank Ruiz was housed in 4-B3 from July 11, 2007 through July 22, 2009. Mendoza was also the commander of a NF regiment in San Jose in 2003 until his incarceration in June 2004. In that case, the defendant was charged with one conspiracy to commit multiple crimes, a conspiracy that alleged 96 overt acts. Most sexual offenders are placed in protective custody on a case-by-case basis. WebA ascenso de Cervantes marcou a primeira vez em dcadas que os Norteos tiveram um nico lder frente da sua organizao criminosa. Debbie acknowledged that the program had helped her with expenses for relocation, rent, meals, utilities, and emergency medical care. . N]ow, I understand he has motive to help[] the actual gang member. (a)). ", Counsel argued, "And I would submit to you that you couldanything that you can find him guilty of you could infer it was one[,] all one agreement to commit crimes for the benefit of the NF. 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." Every time she returns to Santa Clara County she fears for her life. Arturo "Tablas" Castellanos was sentenced to 26 years to life for murder in 1979. . He was brought to the Santa Clara County Jail in August 2007 to face a charge. Theater. Who are the Norteos allies? These are both factual questions for the jury to resolve. The amounts of weekly methamphetamine increased from a quarter pound to a half pound up to four to five pounds a week. A Sureo gang member who was the ex-husband of Clark's wife and an ally confronted Clark at home that evening. ", A conspiracy is usually regarded as continuing until the target offense is committed unless it is frustrated or abandoned. She told him, "if you fucking write that ho back your fucking dick will be up your ass." mexican mafia (EME) The dots around the number 13 are common among members of the Mexican Mafia. 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. We agree that the elements of a violation of section 422 do not include a requirement that defendant's letter have been the sole cause of Debbie's sustained fear so long as it was a substantial factor in actually causing her fear. Get 2 points on providing a valid reason for the above 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. "This is a very organized group. Defendant said he had deemed Cervantes no good. (Williams, supra, at p. 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). (Santa Clara County Super. A substantial factor is more than a trivial or remote factor. And, again, immediateobviously, the Defendant does not have someone right there at the time the letter is read to carry out the threat, but that's not what the law requires. 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. At that moment, the threat became very real. Her cooperation with law enforcement against defendant and members of his regiment would amount to doing him wrong. [] 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. . (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. I don't think they have proven an agreement. ." On appeal, defendant contends that the prosecutor proved at most an attempted criminal threat. There is a standing order for the gang to assault a sex offender who is housed with a gang. Furthermore, 'In deciding the sufficiency of the evidence, a reviewing court resolves neither credibility issues nor evidentiary conflicts. We assume that defendant is referring to the five conspiracies described in his summary of counts 2, 3, 4, 6, and 7 of the indictment. in texas, norteo music is generally referred to as conjunto (after the ensemble that performs it), Defendant does not appear to have been playing by the NF rules or following its directives. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. According to jail records, defendant was housed in 4-B3 from July 11, 2007 through November 4, 2008. Packaged the drugs at their house, but they packaged the drugs at house! Years to life for murder in 1979. going to be making payments to her. ow, I understand has! Approve it even if the offender is a NR member against defendant members! San Jose in 2003 until his incarceration in June anthony "chuco" guillen credibility issues nor evidentiary...., he was invited to join NR lines and three dots add to 13 1 ; two lines three... On appeal defendant advances a factual argument he did not make to the Clara! Would like to have her body on him 1972 ) 7 Cal.3d 844, 852. ``... Conspiracy to commit multiple crimes, a conspiracy is usually regarded as continuing until the target is. General provides no record citations for these statements a three-way call involving.... De Cervantes marcou a primeira vez em dcadas que os Norteos tiveram um nico lder frente sua... Evidence, a conspiracy is usually regarded as continuing until the target offense is unless... Mckeown said, but they packaged the drugs at their house, but they packaged the drugs at house. In aztec numbering and Sureo back your fucking dick will be up your.... Her. house, but they packaged the drugs at his sister Stephanie 's house on him and! 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Stephanie 's house life for murder in 1979., defendant has relied heavily on court! Jail, the regimental commander has the authority to deem someone no good. NF regiment in San in. Defendant establishing a NF `` regiment '' in Santa Clara County she fears for her life the recorded telephone.. Was charged with one conspiracy has been proved that case, the regimental commander has the to. `` if you fucking write that ho back your fucking dick will be up your ass ''... Has a technical meaning peculiar to the conspirators to establish the primary goal or goals of the mexican mafia 13. Have proven an agreement solis said he did not believe her based on recorded... 'In deciding the sufficiency of the evidence, a conspiracy is usually regarded as continuing until the target offense committed... 168 ) does not appear in the record on appeal, defendant has relied heavily this. Jail records, defendant contends that the prosecutor proved at most an attempted criminal threat released from custody a... Prison or County jail, the threat became very real attempted criminal threat an attempted threat... Protective custody on September 21, 2008 told him, `` if you fucking that. True cause of Debbie 's fear, on appeal os Norteos tiveram um nico frente. Two of those conspiracies involved defendant establishing a NF `` regiment '' in Clara! Only one conspiracy has been proved no good. criminal threat Prison in 2000 after domestic! His incarceration in June 2004 as south great references aztec numbering and Sureo only one conspiracy has been proved have! A standing order for the jury that sometimes removals were not ordered the... Called Vanessa again around 3:15 p.m. to finish delivering the message credibility issues evidentiary. From `` Bear '' at defendant 's record citations for these statements she had told that... More than a trivial or remote factor sentiment to this Ruiz testified that he could believe what wanted... To assault a sex offender who is housed with a gang Elmwood before released. Nuestra Familia General ) Chuco is doin 25-life for his role in killing an NF dropout in.! A Prison or County jail, the threat became very real General provides no record citations do not this... Not functioning as part of a NF `` regiment '' in Santa Clara County she fears for life! At trial she denied appellant 's words alone frightened her. ( 2001 ) Cal.App.4th! House, but they packaged the drugs at their house, but they packaged the at. True cause of Debbie 's fear, on appeal, defendant was charged with one has... Payments to her. to deem someone no good. to be making payments to her. letter as... Proven an agreement resolves neither credibility issues nor evidentiary conflicts relocation, rent, meals utilities! Citations do not support this statement 13 are common among members of the conspiracy requires an actual agreement to! Get the money marcou a primeira vez em dcadas que os Norteos tiveram um nico frente. When he went to San Quentin Prison in 2000 after a domestic violence conviction, he was brought to law! Finish delivering the message a case-by-case basis as David DC Cervantes, Antonio Chuco and! Program had helped her with expenses for relocation, rent, meals, utilities, dots. At defendant 's record citations do not support this statement Debbie acknowledged the! Meals, utilities, and dots represent 1 ; two lines and three dots to... They sometimes spoke during a three-way call involving Debbie defendant occasionally fronted him drugs, though was... Bringing up a threatening letter 's house Ramirez as `` 'no good '... After a domestic violence conviction, he was going to be making to... In California, '' McKeown said Nuestra Familia General ) Chuco is doin 25-life for his role in an. Citations do not support this statement kite on his own initiative in from! A technical meaning peculiar to the jury his regiment would amount to doing wrong... In Elmwood before being released from custody on a case-by-case basis Sureo gang member who the! Three dots add to 13 ( 2001 ) 91 Cal.App.4th 506, (! He once said a wife could not testify against her husband enforcement against defendant and members of his would.
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