Clark began associating with the San Jose Grande (SJG) Norteo gang and arranged their merger with Westside Gardens. On January 18, Debbie called Rodriguez. ". Furthermore, he is chairperson at ." WebNuestra Familia es una a organizacin criminal penitenciaria conformada por mexico americanos siendo originaria del norte California. Debbie testified that "Shorte" Clark was referred to in telephone conversations as "S" and "Sheila." " ' "If the circumstances reasonably justify the trier of fact's findings, the opinion of the reviewing court that the circumstances might also be reasonably reconciled with a contrary finding does not warrant a reversal of the judgment." .". 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. This court recognized that "[a] trial court is required to instruct the jury to determine whether a single or multiple conspiracies exist only when there is evidence to support alternative findings." They are all considered enemies of the gang. " " 'There's also a registered sex offender in M-8. A Sureo gang member who was the ex-husband of Clark's wife and an ally confronted Clark at home that evening. . [] After determining all of your verdicts according to my instructions[,] you should sign all verdict forms on which you unanimously agree. . For the reasons stated below, we will affirm the judgment. As a teenager he was involved with Norteo street gangs. He explained that regiment members "[i]n theory" had to pay the regiment monthly dues of $200. 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. On appeal defendant contends that the phrase "actually caused" in CALCRIM No. WebIndemnizaciones SOAT: Informacin sobre personas fallecidas en accidentes de trnsito con cobertura de SOAT cuyo. [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. Anthony Giuliano, who had been accused of molesting a 15-year-old boy at Holy Rosary The court accepted Sergeant Lewis as an expert in the areas of "Hispanic criminal street gangs, prison gangs, interpretation of gang terminology, gang codes, and the area of identification of possession for sale or sales of a controlled substance, and the area of recognition of usable amount of controlled substances." On appeal defendant contends there was insufficient evidence to establish two elements of the crime of criminal threat, namely specific intent and cause. According to defendant, "all the evidence is that he was 'on freeze' at the time [the kite] was issued." 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. He asked why she had not disclosed that the police had searched her house. fat ass know . ", 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 . And there is an oral warning at the beginning of every phone call. People v. Meneses (2008) 165 Cal.App.4th 1648. We're not contesting that." The prosecution replied that it was not abandoning the allegation of separate conspiracies by use of the shorthand term "conspiracy." A restante liderana da organizao em Pelican Bay consiste em Daniel Stork Perez, Anthony Chuco Guillen e George Puppet Franco. "It's a little bit hard to understand about the PCP . She stated, "I said I wouldn't do that, you dork. 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. He disputes the sufficiency of the evidence to support his convictions of conspiring to assault either Cervantes (count 6) or Leyvas (count 7). He was a year or two younger. 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. He testified for the defense that defendant supplied him with PCP to sell, but he was not among the coconspirators named in count 3 of the indictment. Since the 1920s, the 38th Street gang has continued its criminal activities and has evolved to become one of Californias most violent street gangs. "She" would direct her where to go and it had to be done today. Communication is essential to maintain the NF's organization in and out of custody. "[P]ink" became a code for PCP. (a)). Clark began to learn about NF and NR when he went to jail for an assault with a deadly weapon. Cisneros brought the PCP in a Victoria's Secret bag and defendant kept the PCP in a pink cloth bag that Debbie got from Victoria's Secret. However, count 5 was not predicated on that conversation, but on a letter from defendant to Debbie postmarked August 15, 2007 that included the following passage. Tirri was arrested in October 2006. When she agreed to cooperate with the police after her residence was searched, she told Sergeants Lewis and Livingston that she had a letter from her husband threatening to have her killed if she cooperated. at p. 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. We focus on the evidence relevant to the issues and arguments on appeal. Count 5 did not allege a conspiracy, but simply that defendant had threatened his wife with great bodily injury or death between August 1 and 20, 2007. She initially denied any involvement in distributing drugs. "They are literally using the bodies of their members as mules to run their gang," she said. VIEW OPERATION RED OCTOBER INDICTMENT BOOKING PHOTOS (PDF). Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. "Sustained fear means fear for a period to time that is more than momentary, fleeting, or transitory. I believe his name is Henry Leyva. And that's Count One, that's being actively involved in a criminal street gang. Please enter valid email address to continue. (Id. Evidence that defendant conspired to sell methamphetamine (count 2) and PCP (count 3) in association with the NF gang between April 25, 2002, and April 23, 2009 also proved his active participation in a criminal street gang (count 1). Defendant later told Debbie he was upset because he was supposed to receive the drugs, but Greg got caught with them. Another kite threatened someone to do a "removal," a term for murder, saying, "You are to conduct a removal within two or three weeks and if you don't, you will face violence," she said. When he went to San Quentin Prison in 2000 after a domestic violence conviction, he was invited to join NR. (Id. Shortly after they met again he moved in with her. Anthony "Chavo" Jacobs is currently in prison, 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 said, "Yeah, like four." The remaining leadership of the organization in On December 17, 2007, the police conducted a search of Debbie's residence while she and her housemate, Leslie Frost, defendant's cousin, were present. Citation. I think it's at leastI don't think you can reject Frank Ruiz's testimony. A more significant factual difference is that Vargas described an organization in which NF members on the street made regular contributions to the NF bank. that . So long as a NF member was present in jail, a NR member could not put someone on the bad news list. Before confirming, please ensure that you have thoroughly read and verified the judgment. 211398 & 211138). Defendant said he had deemed Cervantes no good. (a).) Defendant asserted that every single witness had testified that there was one conspiracy to sell methamphetamine and PCP. CONSPIRACY TO SMUGGLE DRUGS INTO JAIL (COUNT 4). Incarceration ended her addiction to PCP. He asked for the allegation against defendant to be deleted because defendant was not involved. 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. 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. 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. Ramirez did not meet Clayton Clark until after defendant was arrested. The instruction purportedly requested by defendant and refused by the court does not appear in the record on appeal. . .". The court denied defendant's motion, explaining: "What is clear, however, is that this Court has a sua sponte duty to instruct in this area when there was sufficient evidence to support either finding either a single or multiple conspiracies, and I believe that the record is replete with evidence to suggest either theory. Defendant occasionally fronted him drugs, though Cervantes was not functioning as part of a regiment. After his release from prison, Ramirez contacted regiment leaders Abundiz and Campa and formed his own regiment in Santa Clara County as he had been instructed by Guillen. It was for the jury "to decide, when she got this letter, it was something that put her in sustained fear as opposed to something else that happened later . ' " [Citations.]' WebNuestra Familia es una a organizacin criminal penitenciaria conformada por mexico americanos siendo originaria del norte California. " (Id. Tirri testified that he paid dues when he was a member of Charlie Campa's regiment. She read him the search warrant. Sergeant Lewis acknowledged that he had not encountered a regiment bank containing large amounts of money. He received two ounces of PCP from Mario Cisneros every seven to 10 days. We conclude there is substantial evidence supporting defendant's conspiracy convictions of counts 6 and 7. When due for release from prison in March 2005, guards caught Ramirez with a kite that included a rewritten NF constitution and a message from Anthony "Chuco" Guillen, one of the NF generals in Pelican Bay Prison, regarding the loss of authority of the NF generals who had been relocated to federal prisons. When Debbie told Clark about the call on February 5, 2008, she said Rodriguez was drunk, "acting smart" and "rude." . Code, 11370.2, subd. Gillotte attempted to locate Cervantes, but he was not in custody. Clark said "the black guy was just at my 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. (Ibid.). "The idea that Mr. Guzman participated in the distribution of drugs for the benefit of the [NF,] in terms of the exact time period, I'm not going to comment on that. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. WebAnthony Guillen is on Facebook. Tirri became a NR member in April 2001. Clark testified that when he was defendant's second in command, he did not collect dues from regiment members. You're to pay $200. The prosecutor in our case acknowledged to the jury, "Obviously there was a delay because when she became real fearful from that threat from August 15th, until she began cooperating with law enforcement in December of 2007 . While all Norteo soldiers and captains in California are expected to follow the orders of Cervantes, a small percentage of the gang remains loyal to the former generals and captains 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." Rodriguez backed off a little, according to Lewis, who had listened to a recording of the call. Debbie said defendant was mad about how Rodriguez had confronted her. It was a specific threat to have her killed. According to Vince Tirri, if a child molester was not functioning in the gang and posed no immediate threat, no assault was required. [']" Mendoza testified that people break gang rules all the time. [] But I think clearly as to Counts Two and Three, which I conceded, that it was one conspiracy, and it's because the allegations and the overt acts are an allegation that the [NF] established a street regiment to go down there and do that. 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. Ruiz wrote that Cervantes' removal "was just" based on a false impression from incident reports from Elmwood that Cervantes had already been removed. They were relocated from Pelican Bay State Prison to federal prison in Oakland. Debbie was concerned about giving information to the police with Frost present, as Frost would have notified defendant. (Cf. 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. (People v. Saling (1972) 7 Cal.3d 844, 852.) Clark said "the black guy" was always getting the "pink socks." . Debbie testified that in many of their phone conversations defendant was either telling her to arrange to have Clayton Clark available for the next telephone call or to contact different people and tell them she was collecting money for defendant. In contrast, being put "on freeze" means the gang was looking into your gang credentials. According to Lewis, while they were meeting, he noticed a car circling them and looking intently at them. However, he testified that "it's all about money. He was brought to the Santa Clara County Jail in August 2007 to face a charge. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Who is the leader of the sureos? Not every recorded call was played for the jury while Debbie was on the witness stand. (People v. Bernhardt (1963) 222 Cal.App.2d 567, 590-591; cf. According to Frank Ruiz, there is no protocol to removing sex offenders. It also stated, " 'Also concerning Bear Cervantes. Ruiz said that he was in charge of the jail though there were other active NF members in jail who were not on freeze. Defendant does not appear to have been playing by the NF rules or following its directives. Defendant provided PCP to Debbie, his brother Greg, and "Bear," among others. Ruiz acknowledged that judgment was involved, for example, if the crime was statutory rape. The key documentary evidence of two conspiracies was a single kite (Exhibit 412) that was dated October 21, 2008 and signed by "C/R Calpolli." Five, Six and Seven. (a).) 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