I didn't discuss it with Lorenzo Guzman. (Mendoza, supra, 59 Cal.App.4th at p. Livingston and Valdez testified that Guillen was in contact with regimental commander James Cramer in October 2005 and that Cramer reported to Guillen. The victim in that case testified that "she did not initially take appellant's words as a threat because appellant was always joking around. I believe his name is Henry Leyva. She read him the search warrant. (Id. [Citation.] .". Clark dealt with four people, each of whom had a crew working for him. 17.05 as follows: "The Defendant is accused of committing the crimes of conspiracy in Counts 2, 3, 4, 6 and 7. (a)). WebView Homework Help - The Norteos Gang" Pre final .docx from CRIM JUSTI CJS 230 at University of Phoenix. When the drugs were returned to defendant, an ounce was missing. Hamilton 's Anthony Ramos Admits He Never Planned to Be on Broadway. 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. 1300 has a technical meaning peculiar to the law that requires definition. In 1992 and 1993 she was convicted and imprisoned for possession of PCP. He did not deal directly with defendant because he heard defendant "was really hot.". 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. at p. When defendant questioned Cervantes, Cervantes said he had received it that way and had not weighed it. Tirri became a NR member in April 2001. She stated, "I said I wouldn't do that, you dork. He answered, "Yeah, you" and asked if she was getting cold feet. Click here to remove this judgment from your profile. 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. A Sureo gang member who was the ex-husband of Clark's wife and an ally confronted Clark at home that evening. A threat which may appear conditional on its face can be unconditional under the circumstances. 549.) 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. 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. Clark was paroled in October 2005. "[P]ink" became a code for PCP. 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. (People v. Catlin (2001) 26 Cal.4th 81, 156 ["the evidence was overwhelming that paraquat poisoning was at least a substantial factor in, if not the sole cause of, her death. (Cf. WebNorteos 14 - Free download as Word Doc (.doc / .docx), PDF File (.pdf), Text File (.txt) or read online for free. [']If you leave me[,] I will kill you. ." At a hearing on March 15, 2013, defendant argued that if all the conspiracies were not part of one overall conspiracy, at least the drug sales were. They sometimes spoke during a three-way call involving Debbie. Cervantes still acknowledged it was his fault. They want to determine their gang credentials and keep out inmates charged with sex crimes. Tirri was arrested in October 2006. 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." The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. There were four cells. A. CONSPIRACIES TO SELL METHAMPHETAMINE (COUNT 2) AND PCP (COUNT 3). "It's incredibly dangerous what he did and he is in great danger," McKeown said. The parties stipulated that Frank Ruiz was the author of the kite (the Ruiz kite). . (People v. Williams (2015) 61 Cal.4th 1244, 1270 (Williams).) Soon after that conversation, Lewis put Debbie and her son into a witness protection program. WebAntonio Cojuangco (born in 1951) is a Filipino Businessman from Manila, Philippines. 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. They called each other only about important matters like the prices of dope. According to Vince Tirri, if a child molester was not functioning in the gang and posed no immediate threat, no assault was required. 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. Code, 11379.5, subd. it's for us." Because if my baby does me wrong, death going to part us. Regarding the true cause of Debbie's fear, on appeal defendant advances a factual argument he did not make to the jury. 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. It is a question for the fact-finder to determine when a charged conspiracy has ended, "considering the unique circumstances and the nature and purpose of the conspiracy of each case." Cervantes explained to Ruiz he had not gone into protective custody. Thus, Rosas was killed because he had 'snitched on Pablo Pena, Panther.' It's not an issue of law. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. WebCervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. Defendant's ex-wife Debbie Guzman testified that she first met him at a juvenile ranch when she was about 14 years old. "I don't think they have proven their case. Code, 11379, subd. 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. She transitioned out of the program in September 2010 and stopped receiving financial assistance. (People v. Falck (1997) 52 Cal.App.4th 287, 299.) WebThe US federal law enforcement agencies which had long failed to infiltrate the from CRIM JUSTI CJS 230 at University of Phoenix A few minutes later, her sister came home and told her defendant's friend was looking for her. His implicit premise is that the trial evidence as a matter of law proved the existence of one overall conspiracy that involved the commission of the five separate crimes. 1223.) 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. 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. In 2008, Ruiz became the authority in charge of the jail for the NF and "Calpolli" was his "Cana" code. The inmates are notified in three different ways. According to jail records, defendant was housed in 4-B3 from July 11, 2007 through November 4, 2008. A telephone conversation on April 3, 2007 beginning at 10:36 p.m. became a three-way call. " " 'There's also a registered sex offender in M-8. It is the highest category in the NF organization below the generals. After they married, defendant told her he was in Category II of the NF and ran the local streets. ( 245, subd. [] 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. 1671.). The regiment leaders gave themselves nicknames for telephone use: Ramirez was "Black," Campa was "Brown," Abundiz was "Red" or "Rojo," and defendant was "White." "They were shocked," McKeown said of the gangsters when the raids went down, mostly in San Jose and in north Santa Clara County and Modesto and conducted by SWAT officers. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. This material may not be published, broadcast, rewritten or redistributed, First published on March 20, 2015 / 11:00 PM. Defendant initially called Debbie. . He was confirmed as a NF member when he returned from Mexico. (Id. While defendant laughed, she continued, "Ass kicking, you can ask somebody." (People v. Young (2005) 34 Cal.4th 1149, 1181.)" Until defendant was incarcerated, he just provided Clark with methamphetamine, not PCP. Shortly after 1:00 p.m., Cindy Mendoza was involved in two concurrent phone calls on different telephones, one with defendant and the other with his brother Greg, Cindy's boyfriend. (People v. Bolin (1998) 18 Cal.4th 297, 340.) (Id. 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. Mendoza described what he considered to be an indirect communication by Guillen to defendant. Ramirez became a Category II member in September 1998. "She" would direct her where to go and it had to be done today. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. El liderazgo restante de la organizacin en Pelican Bay consiste en Daniel Stork Prez, Anthony Chuco Guilln y George Puppet Franco. Defendant said he was putting something else in, "a little moon stuff." For the same reason we will do the same for other individuals, such as defendant's brother Greg. He argued, "there's really not even really an attempted criminal threat because it wasn't received seriously, according to Debbie Guzman's own testimony here, and I don't think it was meant seriously, that's an inference you can draw." Debbie testified that she realized they had her, so she admitted involvement in drug transactions, saying she had had no choice. After his testimony to the grand jury, deputy Frank Lopez 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. According to Tirri, if a gang member did not remove someone who had been deemed no good, the gang member could potentially be removed. (a)(1).) Cervantes admitted that he would not testify against defendant due to fear of retaliation and that he had received defendant's written permission to testify. 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