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. Greg said he wanted some for himself. "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. She asked him not to leave her. "[P]ink" became a code for PCP. You can listen to the evidence on that, and then you can decide." Defendant said, "Yeah, like four." The prosecutor also argued that, despite the joviality of the first call, defendant was concerned about the amount of information Debbie had about him. It was for the jury to determine their credibility. 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. In any event, we do not understand how defendant could have been prejudiced by the omission of such an instruction. ", The jury in People v. Solis (2001) 90 Cal.App.4th 1002 (Solis) asked the very questions at the heart of defendant's arguments during deliberations about a criminal threat charge. The scope of each conspiracy presented questions of fact and credibility for the jury to decide. He was a year or two younger. He worked under defendant when they were both in 4-B3. It also stated, " 'Also concerning Bear Cervantes. Some law enforcement agents speculate that WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Who is the original Crip? Who started the Norteos? WebNuestra Familia Nuestra Familia; Founding location: Soledad, California Correctional Training Facility: Years active: 1968 present . Ruiz conceded that it would violate gang rules to testify against a fellow gang member like defendant. 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. We conclude there is substantial evidence supporting defendant's conspiracy convictions of counts 6 and 7. It's commission monthlies, they call them monthlies on every member of the regiment is to pay $200, and it goes back to the main bank plus the 25 percent." WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Code, 11370.2, subd. (Williams, supra, at p. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. . Defendant asked Clark if he was done with the four "apartments." 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." . it's for us." Debbie commented, "all that drama just over $400." However, the commission of the specific crimes, and the drawing up of plans required to commit them, were all in pursuance of the overriding purpose of the NF, which was to establish power through the use of crime, force, and fear, and to use that power to further strengthen and perpetuate itself by killing its enemies, raising money for the gang, and instilling obedience and discipline among its members by killing members who break its rules. After they married, defendant told her he was in Category II of the NF and ran the local streets. The Ruiz kite, addressed to the Elmwood facility, was intercepted and brought to the attention of Dennis Gillotte, a Correctional Deputy for the Santa Clara County Sheriff's Office. (People v. Vargas (2001) 91 Cal.App.4th 506, 555 (Vargas). On February 12, 2008, Debbie called Leslie again and learned she had not heard from Bear. They've done it since the 60s.". This was not what defendant argued to the jury. Within that umbrella conspiracy were subconspiracies to commit specific crimes. 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 WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Sigue activa La Eme? After hearing 16 days of testimony and deliberating for a day and a half, a jury convicted defendant Lorenzo Guzman of all seven charged crimes, including five separate conspiracies. 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. "[H]e was acting smart and he was acting rude and he was like saying how come you didn't tell us your house got raided . On appeal defendant points to another potential source of Debbie's fear. 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. Sureo and white gangs also assault sex offenders. He was confirmed as a NF member when he returned from Mexico. The gang's rules were not always followed. Conditional threats are true threats if their context reasonably conveys to the victim that they are intended. When defendant met with other regiment leaders, Ramirez talked about messages he had received from the NF leadership in Pelican Bay State Prison saying defendant had not been communicating with them and "hasn't paid his dues . As this court has said before, "a conspiracy can have multiple criminal objectives." Defendant said to "let . Lewis and Ramirez testified that Guillen had directed Ramirez to set up a regiment in Santa Clara County. The statute imposes two requirements on the proof of a threat victim's fear. (a)(1)) and ammunition (count 2; 12316, subd. On January 18, Debbie called Rodriguez. One agreement cannot b[e] taken to be several agreements and hence several conspiracies simply because it envisions committing more than one crime. People v. Toledo (2001) 26 Cal.4th 221 identified three situations that would amount to an attempted, but not completed, criminal threat. Conditional threats are true threats if their context reasonably conveys to the victim that they are intended. Thus his removal was just.' Clark said he had asked Rodriguez to ask her what happened. Mendoza testified that it was almost inevitable that wives of NF members were exposed to gang business. In that case, tried in early 1997 (id. at p. . This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. . You better ask somebody." (b)) on January 8, 2007. . Tipo de Nmero de. ", 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. "What you wrote in that letter. 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. C. CRIMINALLY THREATENING DEFENDANT'S WIFE (COUNT 5). Ruiz and Cervantes both testified that Cervantes talked to Ruiz in February 2009 about his $400 debt to defendant. Also, the drug sales and drug smuggling conspiracies in counts 2, 3, and particularly count 4, smuggling, were independent of each other. He asked what and she answered, "The [']literally['] part." Before trial, in a motion to set aside the indictment defendant contended that "Counts 2, 3, 4, 6 and 7 should either be set aside or consolidated into one single conspiracy count" instead of being pursued as separate conspiracies. At defendant's request after his arrest, Clark arranged that Sammy Ramirez would sell 1.5 ounces of PCP that defendant had left behind. On February 27, Cervantes was placed in protective custody. Debbie pointed that that both Bear and Roman were users. ), Jasso, which involved three conspiracy counts, relied on the Vargas dictum and concluded "that the court erred in failing to instruct on single versus multiple conspiracies." In other words, defendant is asking this court to believe the testimony of Ruiz, apparently rejected by the jury, that when he wrote the kite in October 2008, defendant had been temporarily stripped of authority and placed "on freeze" by a mysterious kite that Ruiz destroyed after reading. It's not contestable. Enhance your digital presence and reach by creating a Casemine profile. In July 2006 Clark approached defendant and proposed that the SJG gang would sell methamphetamine for him. . A few minutes later, her sister came home and told her defendant's friend was looking for her. WebAntonio Cojuangco (born in 1951) is a Filipino Businessman from Manila, Philippines. Her fear of something happening to her or her son would not end with the end of defendant's trial. "The moment that she realized she was considering cooperating with law enforcement because of the pressure they were putting on her, her mind immediately went back to that letter. The prosecution produced excerpts of 30 recorded telephone calls involving defendant and Debbie between the dates of March 8 and December 14, 2007. The victim in that case testified that "she did not initially take appellant's words as a threat because appellant was always joking around. However, this court rejected Vargas's contention, stating, "Assuming that more conspiracy counts could have been charged under the facts, the decision to charge defendant with only one conspiracy count was a prosecutorial charging discretion that we do not review. The gang has allegiance to the CA prison gang, Mexican Mafia, aka La Eme. Defendant asserted that every single witness had testified that there was one conspiracy to sell methamphetamine and PCP. . As defendant was housed on the fourth floor, when Tirri met defendant at medical, they discussed the status of everyone in 2nd East Max. There was testimony about Guillen's communication with leaders of other NF regiments. At trial Debbie could not remember "Bear's" real name. Theater. For the reasons stated below, we will affirm the judgment. I mean, that's One, Two and Three, basically arebasically, I conceded those in my opening statement. [] However, if you find beyond a reasonable doubt that there was not one overall agreement, but separate agreements, each accompanied by an overt act, then separate conspiracies have been established. ." And we know that the Defendant actually told Vince Tirri whey they were housed together in the Super Max that he told Vinni Tirri that the reason why he had Danny Cervantes removed and deemed him - well, not removed, but why he deemed him 'no good' was "because Danny Cervantes owed him a $400 drug debt . WebNuestra Familia (Spanish for "our family") is a criminal organization of Mexican American prison gangs with origins in Northern California. 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. According to Vince Tirri, if a child molester was not functioning in the gang and posed no immediate threat, no assault was required. 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. ", Defense counsel was more equivocal about count 4, stating, "I haven't paid a lot of attention to the smuggling charge because, I mean, there's inferences there and [the prosecutor's] point is that if [defendant] was involved in any way in that, that there was a conspiracy to smuggle drugs into the jail. According to Sergeant Lewis, a kite is a communication between inmates in microwriting. at p. Furthermore, 'In deciding the sufficiency of the evidence, a reviewing court resolves neither credibility issues nor evidentiary conflicts. "It's clear, it's clear that Mr. Guzman is guilty, and I would expect you to find him guilty of conspiring with other gang members to distribute drugs." 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