1223.) Vargas discussed an organizational structure involving a Regimental Security Department that appears to have been superseded by having individual regimental commanders reporting directly to the Pelican Bay NF generals. She said defendant thought Clark was ignoring them. . fat ass know . ." Defendant occasionally fronted him drugs, though Cervantes was not functioning as part of a regiment. She had told him that he could believe what he wanted, but it wasn't true. Clark did not collect monthly dues from regiment members. "[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. Ruiz did not discuss the kite with defendant before writing it. Defendant and Clark obtained methamphetamine from Jack Ochoa. "So he's just relaying information that has been related to him. ." Defendant said, "Yeah, like four." It would be against protocol to delegate that authority. ", We consider Vargas, supra, 91 Cal.App.4th 506 to have been a unique case factually where the prosecution's evidence of one overall conspiracy was apparently so compelling that no reasonable juror could have found the existence of more than one conspiracy. He also asserted, "the evidence suggests that the acts alleged in counts 2, 3, 4, 6, and 7 were all part of one big conspiracy to benefit, promote, and make money for the Nuestra Familia organization, and enforce gang rules and discipline." 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. So based on that, I am going to give the instruction, but the Meneses case clearly states that the issue is an issue of fact and not an issue of law. [Citation.]' That was "the genesis of that letter." ." . WebAnthony Guillen is on Facebook. 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. Carlos Roman brought the drugs to Cervantes and went to retrieve them when Cervantes failed to act. After the jury verdict, he entered a no contest plea to the weapon possession charge and admitted a strike allegation with the understanding that the prosecutor would dismiss the other charge and various enhancements and that defendant would receive a 16-month consecutive sentence for that offense. .". . . Debbie testified that she provided methamphetamine and PCP to Cindy at Cindy's request so that she could give them to Greg, who was in jail. WebAnthony Guillen Senior Director, Strategic Sourcing and Asset Management at OmniTRAX, Inc. Longmont, CO. Anthony Guillen Public Sector | Google Cloud Austin, TX. Solis called Debbie on January 8, 2008 and met with her the next day. 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. People v. Lopez (2013) 56 Cal.4th 1028, 1071.). Thus his removal was just.' ['] That created a moment of silence because my entire plan to impeach her was unnecessary. Meanwhile, Ramirez was obtaining PCP from defendant indirectly through a third party, Abundiz. I never took it seriously. According to Sergeant Lewis, when Debbie began cooperating, she spoke with two intermediaries of Clayton Clark, one named Anthony Solis and his cousin Moses Rodriguez. He worked under defendant when they were both in 4-B3. 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. Lewis told her to stay in a hotel overnight. WebView Homework Help - The Norteos Gang" Pre final .docx from CRIM JUSTI CJS 230 at University of Phoenix. According to defendant, "all the evidence is that he was 'on freeze' at the time [the kite] was issued." Regarding the true cause of Debbie's fear, on appeal defendant advances a factual argument he did not make to the jury. Debbie said she would tell Ochoa to call. Before deciding this issue, we will review its procedural history. to help Mr. Guzman. Sergeant Lewis and Sergeant Dan Livingston of the Campbell Police were both involved with the search. 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 taught Debbie how to package methamphetamine and PCP for sale. 519.) It was for the jury to determine their credibility. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Under that standard, " 'an appellate court reviews the entire record in the light most favorable to the prosecution to determine whether it contains evidence that is reasonable, credible, and of solid value, from which a rational trier of fact could find [the elements of the crime] beyond a reasonable doubt.' The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. We focus on the evidence relevant to the issues and arguments on appeal. (a).) (b); 1170.12.) WebThe US federal law enforcement agencies which had long failed to infiltrate the from CRIM JUSTI CJS 230 at University of Phoenix "Sustained fear means fear for a period to time that is more than momentary, fleeting, or transitory. (Id. (c).). He was confirmed as a NF member when he returned from Mexico. Defendant did not believe Cervantes and believed Cervantes was hiding from people trying to collect on defendant's behalf. He became a NR member in 1989 and a NF member in 1994. It is the commander's responsibility to conduct an investigation before deeming a person no good. At the close of evidence, defendant argued to the jury that the phone calls containing no threats by him, such as their initial laughter-filled discussion of his letter and his later phone conversations with Debbie in December 2007 about other topics such as the search of their residence, were more emblematic of his feelings and intent. After that conversation, she called Lewis and said she was afraid of being exposed as cooperating with law enforcement. In 2008, Ruiz became the authority in charge of the jail for the NF and "Calpolli" was his "Cana" code. When he asked which one, she said, "I got that one where you're so funny, 'when death,' well, 'when death does us part,' or something, and 'you better ask somebody.' ." The Northerners in Elmwood were required "to follow the directives to remove inmates once they were ordered, and once they were determined and told to remove this person, or that this person was deemed 'no good,' that it was incumbent upon them to remove them with a deadly weapon. Apellido Apellido Primer Segundo Nmero de la. "[T]he only possible inference [is ]that there was one conspiracy to establish a street regiment to distribute drugs, PCP and methamphetamine." Tirri was housed on 2nd East Max. 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. . On appeal he asserts they had a contentious, roller-coaster relationship "sometimes resulting in threatening statements from both parties" and he points to their first phone conversation about the letter on August 16, 2007 to illustrate his intent. While Debbie testified that she was not immediately concerned about the August 15 letter, she did not forget about it either. Founded 1968; Allies: Nuestra Familia Hells Angels Outlaws Motorcycle Club People Nation CJNG Crips {in some state such as Washington and Frank "Manos" Gutierrez, an SJG member, was one of the people who worked under Clark. Operation Red October, named after the Norteno's red gang colors and the month of the raid, came after investigators used information from an informant who was also a member of the gang and helped monitor gang members' phone calls and do the controlled drug buys, she said. 1012-1013.) Anthony "Chavo" Jacobs is currently in prison, Debbie testified she had accompanied defendant when he tried unsuccessfully to collect the debt. Mendoza observed that in the Northern gang hierarchy, the NF was the leadership with NR, the "soldiers," beneath them and unaffiliated Norteos beneath them. She could not keep track of the gang codes when she was high on PCP so it seemed he was always yelling at her. in texas, norteo music is generally referred to as conjunto (after the ensemble that performs it), [Citation.] Documento de Documento de. The defense developed no evidentiary basis requiring the court to instruct the jury to decide whether Debbie's fear had one or more causes superseding defendant's threatening letter. "He is the granddaddy of the Nortenos in California," McKeown said. I believe his name is Henry Leyva. In July 2006 Clark approached defendant and proposed that the SJG gang would sell methamphetamine for him. ", 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." WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Every time she returns to Santa Clara County she fears for her life. Furthermore, 'In deciding the sufficiency of the evidence, a reviewing court resolves neither credibility issues nor evidentiary conflicts. Because removing someone from the organization is something that you can't go back on, and whoever makes the decision is responsible for that decision. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. As a teenager he was involved with Norteo street gangs. Who started the Norteos? Their trial is set to start on April 13 in Superior Court in San Jose. "It's a little bit hard to understand about the PCP . According to Sergeant Lewis, "brown" referred to Charlie Campa and "black" referred to Sammy Ramirez. It was seized during the search of her residence but not identified until a day or two later. at pp. If you have found the Defendant guilty of more than one coun[t] of conspiracy, you must then determine whether there was one overall conspiracy to commit multiple crimes, or whether there were separate conspiracies. On February 27, Cervantes was placed in protective custody. 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. Soon after that conversation, Lewis put Debbie and her son into a witness protection program. On February 19 Debbie had a recorded telephone conversation with Jack Ochoa. ( 422. at p. Copyright 2015 by CBS San Francisco and Bay City News Service. Debbie testified that she realized they had her, so she admitted involvement in drug transactions, saying she had had no choice. According to Sergeant T. J. Lewis of the San Jose Police Department, defendant was placed in custody at the Santa Clara County Jail on March 8, 2007. And proposed that the SJG gang would sell methamphetamine for him, reviewing! 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