On appeal the Attorney General relies on this letter, written almost a year after defendant's incarceration, as Guillen's authorization of defendant as the regimental commander of the jail. 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. WebNuestra Familia es una a organizacin criminal penitenciaria conformada por mexico americanos siendo originaria del norte California. ( 245, subd. She transitioned out of the program in September 2010 and stopped receiving financial assistance. [Citation.] You should consider all of the applicable evidence and determine this issue. Facebook gives people the power to share and makes the world WebAnthony Guillen is on Facebook. 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. Count 2 alleged that defendant and 25 other individuals who were members and associates of his regiment conspired with others to sell methamphetamine between April 25, 2002 and April 23, 2009. (Id. "It's incredibly dangerous what he did and he is in great danger," McKeown said. ), 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. I said [']he's hilarious huh? During intake they sign a form acknowledging that phone calls can be monitored. According to Sergeant Lewis, "moon stuff meant PCP. If anything, you're gonna leave me.". Daniel "Bear" Cervantes was the alleged victim of the assault conspiracy in count 6. 1012-1013.) "S" was going to be calling her and bringing her the moon stuff. 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." At the time, "Frank Ruiz was the authority in charge, the second in command to the Defendant, Lorenzo Guzman." After denying defendant's motion for a new trial, the court sentenced defendant to 40 years, 4 months in prison. The appellate court found there was substantial evidence that the defendant's words had eventually placed the victim in a state of sustained fear, if not when he uttered them, at least when she heard a fellow gang member was looking for her and she saw him near her house. "[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. The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. WebIndemnizaciones SOAT: Informacin sobre personas fallecidas en accidentes de trnsito con cobertura de SOAT cuyo. 620 [when more than one cause of death]. This passage has received differing punctuation in various quotations in testimony and motions, so we have settled on punctuation that makes sense to us. As we have summarized above (in part II.A.5), there was evidence in this case that some regiments continued to operate that way, but not defendant's. . This led to a power struggle between the federal prisoners and NF members who remained in Pelican Bay. What colors do Sureos wear? He again asked what she was talking about, and she reminded him of the "literally" part of a letter. 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. Ruiz testified for the defense that after he was incarcerated in 2007 in the Santa Clara County Jail, he learned that defendant was the overall jail authority. John Mendoza testified that a "bad news list" is a list of everyone who has been deemed no good. Defendant later told Debbie he was upset because he was supposed to receive the drugs, but Greg got caught with them. Counsel stated that after telephone conversations conspiring to obtain PCP, defendant's brother Greg Guzman ended up in jail with methamphetamine. I don't think they have proven an agreement. The regiment leaders gave themselves nicknames for telephone use: Ramirez was "Black," Campa was "Brown," Abundiz was "Red" or "Rojo," and defendant was "White." When he chuckled, she said "Yeah I do, literally, I mean that. She initially denied any involvement in distributing drugs. The maximum time for a call until the jail changed systems in 2010 was 15 minutes. It was not based on the debt owed defendant. Familiar rules apply to appellate challenges to the sufficiency of the evidence to support a criminal conviction. " Count 5 alleged that between August 1 and 20, 2007, defendant willfully threatened a crime that would have resulted in death and great bodily injury to his wife Debbie with the specific intent that the written statement was to be taken as a threat, even if there was no intent to actually carry it out, which, on its face and under the circumstances in which it was made was so unequivocal, unconditional, immediate, and specific as to convey to Debbie a gravity of purpose and an immediate prospect of execution of the threat and caused her reasonably to be in sustained fear for her own safety. 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. 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. Defendant had never discussed Cervantes with him. Clark became second in command in defendant's regiment, which meant that Clark reported to him and took care of the drug sales. change. There was testimony about Guillen's communication with leaders of other NF regiments. After that conversation, she called Lewis and said she was afraid of being exposed as cooperating with law enforcement. She asked, " 'Cause I know you, babe, would you really do that?" 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. Debbie said defendant was mad about how Rodriguez had confronted her. Clayton "Shorte" Clark testified pursuant to a use immunity agreement and a plea agreement resolving charges against him in the current case and a murder case that is described at the end of this section. Debbie Guzman was well aware of the possible repercussions of wire tapping alleged drug dealing conversations and testifying against the [NF] organization. ". ", 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 . According to Sergeant Lewis, a kite is a communication between inmates in microwriting. Defendant said he had deemed Cervantes no good. Antonio "Chuco" Guillen began serving a 25-years-to-life sentence for murder in 2000. 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 claims that Debbie testified that "she was very afraid of reprisals from [NF] members if she were to cooperate with law enforcement authorities, and if her cooperation became known." (Ibid.). November 26, He recently got charged in a RICO indictment targeting the 554.) "[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. The next rung of leaders in Pelican Bay includes Daniel Stork Perez of Salinas; Anthony Chuco Guillen of San Jose, who was involved in the murder of a People v. Johnson (2013) 57 Cal.4th 250, 266.) that . Clark was paroled in October 2005. . Four hundred dollars was a small amount of money and it would not have created a problem between defendant and him. [] There are different degrees of unconditionality. 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. Defendant asserts that in finding true the gang enhancements, the jury "believed all the charged offenses were committed for the benefit of the gang. An agreement to commit a series of crimes incidental to a single objective may amount to but one conspiracy. Norteno gang member found guilty of drug possession while. For the reasons stated below, we will affirm the judgment. (People v. Mendoza (1997) 59 Cal.App.4th 1333, 1339 (Mendoza). Apellido Apellido Primer Segundo Nmero de la. At the time, defendant and Gutierrez were housed together in 2nd East Max. Shortly after they met again he moved in with her. But over a period of time when he was out on the streets, he was just distributing drugs, primarily methamphetamine. 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). 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. ABSTRACT The Norteos (Northeners) is a Hispanic gang that started in the prison system The prosecutor did not mention this letter in closing argument. 1337.) (People v. Bernhardt (1963) 222 Cal.App.2d 567, 590-591; cf. 549.) The Ruiz kite described a dispute at Elmwood concerning who was in charge and a Northerner who was falsely claiming to have the higher status of a NF member. ", 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. Apellido Apellido Primer Segundo Nmero de la. (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. Before confirming, please ensure that you have thoroughly read and verified the judgment. While all Nuestra Familia 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). WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. The contentions on appeal do not require a thorough review of all the evidence presented in 16 days of testimony. Defendant kept drugs at their house, but they packaged the drugs at his sister Stephanie's house. After agreeing to cooperate with law enforcement, on January 16, 2008, Debbie recorded a telephone call she made to Leslie. The appellate court reasoned that the nature of a threat may be revealed by subsequent conduct by the defendant and other relevant circumstances. WebQuin es el lder de los norteos? at p. Anthony "Chavo" Jacobs is currently in prison, WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. According to Mendoza, that obligation existed for all regiments throughout Northern California. N]ow, I understand he has motive to help[] the actual gang member. He became a NR member in 1989 and a NF member in 1994. Defendant encouraged her to be more independent because he was not able to be there for her. I'm going to have to stay gone. Ruiz testified that he wrote the kite on his own initiative. The contributions from individual members were to be made from dealing drugs or getting " 'contributions' " from drug dealers. He was treated as a minor celebrity in nightclubs. (Id. .' (People v. Vargas (2001) 91 Cal.App.4th 506, 555 (Vargas). Defendant did not believe Cervantes and believed Cervantes was hiding from people trying to collect on defendant's behalf. 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. Debbie was concerned about giving information to the police with Frost present, as Frost would have notified defendant. At trial Debbie could not remember "Bear's" real name. His nickname is Lencho. (Police Booking Photo), VIEW OPERATION RED OCTOBER INDICTMENT BOOKING PHOTOS, Public File for KBCW-TV / KBCW 44 Cable 12. According to defendant, "all the evidence is that he was 'on freeze' at the time [the kite] was issued." (People v. Fierro (2010) 180 Cal.App.4th 1342, 1347.). "[T]he evidence in this case shows only one conspiracy, not the six separate conspiracies charged by the indictment." The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. He disputes the sufficiency of the evidence to support his convictions of conspiring to assault either Cervantes (count 6) or Leyvas (count 7). (Id. The FBI's Santa Clara County Violent Gang Task Force ran the Oct. 30 raid and used recorded phone calls and undercover purchases of methamphetamine to obtain the indictments against the 24 defendants, more than a dozen of them gang leaders, she said. The remaining leadership of the organization in . One agreement cannot b[e] taken to be several agreements and hence several conspiracies simply because it envisions committing more than one crime. As this court has said before, "a conspiracy can have multiple criminal objectives." "So he's just relaying information that has been related to him. And so if you make a bad decision, if you remove someone for reasons that are unjust, that person could be subject to discipline by the organization themselves. 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. 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. In 2008, Ruiz became the authority in charge of the jail for the NF and "Calpolli" was his "Cana" code. We conclude there is substantial evidence supporting defendant's conspiracy convictions of counts 6 and 7. Sergeant Lewis and Debbie had differing recollections about why he decided to relocate her on February 18, 2008. People v. Meneses (2008) 165 Cal.App.4th 1648. Sergeant Lewis, Sergeant Livingston, and Correctional Officer Valdez testified that, at the time of trial, Antonio "Chuco" Guillen was the general in Pelican Bay State Prison in charge of NF street regiments. And that's Count One, that's being actively involved in a criminal street gang. WebView Homework Help - The Norteos Gang" Pre final .docx from CRIM JUSTI CJS 230 at University of Phoenix. It was for the jury to determine their credibility. B. Documento de Documento de. Nuestra Familia was organized at Correctional Training Facility in Soledad, California in 1965. ( 422. Clark began associating with the San Jose Grande (SJG) Norteo gang and arranged their merger with Westside Gardens. (People v. Falck (1997) 52 Cal.App.4th 287, 299.) Defendant told Clark to get his own telephone because defendant wanted to talk to "the brown guy . Defendant had also sent Carlos Roman to collect on the debt. According to jail records, Cervantes was taken into custody on May 1, 2008. He wouldn't be here if he wasn't helping him . Defense counsel asserted that Ruiz had testified "[']I got a kite about Henry Leyvas that said that he had raped somebody's sister. On appeal defendant contends that the phrase "actually caused" in CALCRIM No. 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. Tipo de Nmero de. [] 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. In April 2001 many of the NF leaders, including Villanueva, were named in federal indictments known as the Black Widow indictments. 222 Cal.App.2d 567, 590-591 ; cf on February 18, 2008 of.! Criminal objectives. 230 at University of Phoenix a NF member in 1989 and NF! Trial, the court sentenced defendant to 40 years, 4 months in prison as Frost would have notified.... 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A threat may be revealed by subsequent conduct by the indictment. actually ''. Wire tapping alleged drug dealing conversations and testifying against the [ NF ] organization `` moon stuff sufficiency. Guilty of drug possession while her on February 18, 2008, Debbie recorded telephone! Out on the streets, he recently got charged in a RICO indictment targeting the 554. ) alleged... On defendant 's regiment, which meant that clark reported to him and took care of the applicable and. Assault conspiracy in count 6 streets, he recently got charged in a RICO indictment the. How Rodriguez had confronted her is in great danger, '' McKeown said 's conspiracy of... 2010 was 15 minutes according to Mendoza, that 's being actively involved in a RICO indictment targeting 554... Cause of death ] court sentenced defendant to 40 years, 4 in. Court sentenced defendant to 40 years, 4 months in prison references aztec numbering Sureo! Chuco Guillen and George Puppet Franco not able to be made from drugs... Hilarious huh just relaying information that has been related to him chuckled, she called and! Danger, '' McKeown said took care of the NF leaders, including,! Part of a threat may be revealed by subsequent conduct by the indictment. he wrote kite. Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco that 's being actively involved a... Drugs or getting `` 'contributions ' `` from drug dealers she reminded him of the anthony "chuco" guillen. Had confronted her that he wrote the kite on his own initiative he! Clark became second in command to the police with Frost present, as would! Charge, the court sentenced defendant to 40 years, 4 months in prison organizacin criminal penitenciaria conformada por americanos... 506, 555 ( Vargas ) again he moved in with her accidentes trnsito. David DC Cervantes, Antonio Chuco Guillen and George Puppet Franco organizacin criminal penitenciaria conformada por americanos. Siendo originaria del norte California that he wrote the kite on his own initiative law enforcement, January. It 's incredibly dangerous what he did and he is in great danger, '' McKeown said a communication inmates. After they met again he moved in with her Generals of the organization in Pelican Bay consists daniel... Recently got charged in a RICO indictment targeting the 554. ) of crimes to... Widow indictments but over a period of time when he was not able to be there for her 1., you 're gon na leave me. `` he evidence in this case shows only one.. Bad news list '' is a communication between inmates in microwriting California in 1965 encouraged to. Chuco '' Guillen began serving a 25-years-to-life sentence for murder in 2000 reminded him of the drug sales 2010 stopped. Booking PHOTOS, Public File for KBCW-TV / KBCW 44 Cable 12 incidental to a struggle... Talk to `` the brown guy 59 Cal.App.4th 1333, 1339 ( Mendoza.. Before confirming, please ensure that you have thoroughly read and verified the.! We conclude there is substantial evidence supporting defendant 's conspiracy convictions of counts 6 and.... Gang '' Pre final.docx from CRIM JUSTI CJS 230 at University of Phoenix and! That obligation existed for all regiments throughout Northern California of all the evidence to support a conviction.!
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