Short of disbelieving Debbie's testimony about her fear, the jury could not have concluded that defendant's letter was not at least a substantial factor in causing her fear. He answered, "Yeah, you" and asked if she was getting cold feet. Debbie asked if defendant remembered how she was always cold and if he would like to have her body on him. (Vargas, supra, 91 Cal.App.4th at p. He did not investigate the claim that Leyvas had tried to rape someone's sister. While all Norteo soldiers and On January 18, Debbie called Rodriguez. According to Sergeant Lewis, "brown" referred to Charlie Campa and "black" referred to Sammy Ramirez. The remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Debbie said defendant was mad about how Rodriguez had confronted her. Most sexual offenders are placed in protective custody on a case-by-case basis. ." I believe his name is Henry Leyva. They did not meet in person at the time. As the Attorney General states, "the defense theory was that the interactions between appellant and his wife showed that the letter did not cause fear, not that it was only a remote cause of the fear." We assume that defendant is referring to the five conspiracies described in his summary of counts 2, 3, 4, 6, and 7 of the indictment. Defendant's letter stated in part, "if my baby does me wrong, death going to part us." Anthony "It's never going to end. 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 Clark began associating with the San Jose Grande (SJG) Norteo gang and arranged their merger with Westside Gardens. It is not the role of an appellate court to redetermine questions of credibility. Ramirez was arrested on February 20, 2008. Unspecified section references are to the Penal Code. Components of that aggregate include the following consecutive terms doubled due to defendant's prior strike. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Who started the Norteos? Defendant and Clark obtained methamphetamine from Jack Ochoa. 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. The exercise of that discretion involves questions of prosecutorial policies and judgment, not questions of fact for the jury to determine." Sammy Ramirez testified that every member in his regiment had to pay $200 a month whether Ramirez provided them with drugs or not. (Id. Defense counsel asserted that Ruiz had testified "[']I got a kite about Henry Leyvas that said that he had raped somebody's sister. Defense counsel paraphrased it as saying, when a single agreement contemplates the violation of several Penal Code statutes like distribution of methamphetamine, distribution of PCP or other things through subagreements or subconspiracies to accomplish the objective of the agreement, it counts as a single conspiracy. This passage has received differing punctuation in various quotations in testimony and motions, so we have settled on punctuation that makes sense to us. (Mendoza, supra, 59 Cal.App.4th at p. According to Lewis, that meant more people were interested in buying PCP. At trial defendant played a recording of the first call to the jury during his opening statement. The issues were brought before the jury. (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. 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. Anthony "Chavo" Jacobs is currently in prison, People v. Meneses (2008) 165 Cal.App.4th 1648. A telephone conversation on April 3, 2007 beginning at 10:36 p.m. became a three-way call. There has to be an incident report explaining any assault. Her testimony that she thought back to the letter with fear once she was considering cooperating with law enforcement was substantial evidence supporting the causation element of the offense. People v. Bland (2002) 28 Cal.4th 313, 334-335 ["proximate" cause must be defined for jury when used in instruction]; People v. Fiu (2008) 165 Cal.App.4th 360, 372 [jury was adequately instructed on concurrent, but not superseding, causes of death]. Defendant also contends that, in light of the factual controversy at trial about what caused Debbie's fear, the court should have given a sua sponte instruction in terms of CALCRIM No. Immediate means the degree of seriousness and imminence which is understood by the victim to attach to the future prospect of the threat being carried out should the condition not be met." On February 27, Cervantes was placed in protective custody. In later phone calls Debbie asked Rodriguez to put her in contact with Clark, who was in Mexico. It's not contestable. Defendant's trial strategy involved essentially conceding his guilt of the first four counts, which included three conspiracies in addition to the active gang participation alleged in count 1. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. The NF members on the " 'street' " were under the control of the Regional Security Department (RSD) to whom they were to report. at p. Williams determined that when separate conspiracies are not alleged, though conspiracy is a theory of culpability, the jury need not be instructed to agree on whether there was a single or multiple conspiracies. He's been deemed no good. It ended, "Love you, always, your husband.". 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. The prosecutor also argued that, despite the joviality of the first call, defendant was concerned about the amount of information Debbie had about him. Ruiz testified that he wrote the kite on his own initiative. Yes, American Me is based on a true story.While the film deviates to create imaginary characters and events, the basics of the story remain tethered to reality. I think it's at leastI don't think you can reject Frank Ruiz's testimony. "[B]oth Ruiz and Cervantes testified at the trial, and in light of their testimony the prosecution's position was not tenable, because the information on which it was based was shown to be incorrect." WebEl liderazgo restantes de la organizacin en el Pelican Bay consta de Daniel "la cigea" Prez, Anthony "Chuco" Guilln y George "Puppet" de Franco. ( 667.5, subd. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Clark said he was interested in hearing from Jack Ochoa and wanted him to call one of his "kids.". Clark was aware that defendant was selling PCP he received from Mario. [] 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. "They are literally using the bodies of their members as mules to run their gang," she said. That day Debbie went to the office of the investigators and agreed to cooperate. 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. Solis said he was going to be making payments to her. A threat which may appear conditional on its face can be unconditional under the circumstances. . Antonio Guillen was not a witness, though he was described by several witnesses. Debbie testified that she realized they had her, so she admitted involvement in drug transactions, saying she had had no choice. The next day, Lewis told her to act like the wife of a NF member. (b)) on January 8, 2007. [] The word 'immediate' means that degree of seriousness and imminence which is understood by the victim to be attached to the future prospect of the threat being carried out, should the conditions not be met. WebIndemnizaciones SOAT: Informacin sobre personas fallecidas en accidentes de trnsito con cobertura de SOAT cuyo. She told defendant that her young son had overheard her and complained about her language. 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 had never discussed Cervantes with him. [Citation.] On appeal, defendant contends that the prosecutor proved at most an attempted criminal threat. After his testimony to the grand jury, deputy Frank Lopez While Debbie testified that she was not immediately concerned about the August 15 letter, she did not forget about it either. First, there is a subjective component, that the threat actually caused sustained fear. Tipo de Nmero de. Interact directly with CaseMine users looking for advocates in your area of specialization. [] 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. Clark was arrested in Mexico and taken into custody at the Santa Clara County Jail in July 2010. Defendant occasionally fronted him drugs, though Cervantes was not functioning as part of a regiment. 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. "I don't think they have proven their case. " " 'There's also a registered sex offender in M-8. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. . The evidence of a conspiracy to smuggle drugs into the Santa Clara County Jail between January and June 1, 2007 was primarily seven recorded telephone calls, all on April 26, 2007. According to Correctional Deputy James Kirkland of the Sheriff's Office, all telephone calls from the Santa Clara County Jail are recorded, except for calls going to lawyers and the clergy. Get 2 points on providing a valid reason for the above They called each other only about important matters like the prices of dope. The gang has allegiance to the CA prison gang, Mexican Mafia, aka La Eme. The three dots can represent prison, hospital, and cemetery , which are associated with the gang lifestyle.. What does sureo stand for? Defendant disputes this characterization. Cervantes explained to Ruiz he had not gone into protective custody. He worked under defendant when they were both in 4-B3. Ruiz heard in January 2009 that defendant was no longer on freeze. ( 4573.). at p. at p. --------. The jury also found that he had committed six of the seven crimes for the benefit of, at the direction of, or in association with the Nuestra Familia (NF) criminal street and prison gang. It was not based on the debt owed defendant. The Attorney General acknowledges that defendant was supposed to be sending money orders to gang leaders incarcerated in Pelican Bay and in Colorado, but he was not doing it, according to Debbie. that . 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 inmates are notified in three different ways. At the conclusion of the prosecution's evidence, on June 25, 2012 defendant made a motion under section 1118.1 based on a refused instruction he had proposed dealing with the issue of single versus multiple conspiracies. As defendant was housed on the fourth floor, when Tirri met defendant at medical, they discussed the status of everyone in 2nd East Max. " Mendoza understood the letter to be relaying Guillen's instructions. 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. Accordingly, we conclude it is not reasonably probable that the verdict would have been more favorable to defendant had the court given such a clarifying instruction. The informant, who agreed to turn state's evidence, is a convict currently in protective custody in the Santa Clara County jail, where his name has appeared on a "hit list" due his assisting law enforcement, she said. Viramontes turned toward the open garage and tried to run into his home. 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 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 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. As to Henry Leyvas, Ruiz testified that he put his name in the kite after hearing that Leyvas had tried to rape someone's sister. However, no one until now has described this call as threatening. On December 18, Debbie told defendant during a telephone call that the police raided the house the day before and had torn the house apart and taken all their letters and pictures and computers. ", Two of these three disputed counts involved conspiracies to assault two individuals with deadly weapons. After denying defendant's motion for a new trial, the court sentenced defendant to 40 years, 4 months in prison. After some conversation, Clark took the phone from Debbie. "[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 . Code, 11370.2, subd. (People v. Hardy (1992) 2 Cal.4th 86, 143.) The evidence in this case focused on defendant's conduct as a NF member between April 2002 and April 2009 and his conduct on the street until his March 2007 arrest. Communication is essential to maintain the NF's organization in and out of custody. Also, Debbie was not terrified when she first received the letter, as evidenced by their first phone conversation. "[Defendant] Because you're the only girl that I love . In the letter were the statements: " 'Debbie's sister was given the house and kids when Debbie last moved out, so that should be respected. . On appeal defendant contends there was insufficient evidence to establish two elements of the crime of criminal threat, namely specific intent and cause. The prosecutor did not mention this letter in closing argument. When he was 17 he was involved in a Norteo gang called Westside Gardens. 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 He became the secretary of Skip Villanueva, a high-ranking NF member. contains alphabet). Ramirez did not meet Clayton Clark until after defendant was arrested. Furthermore, 'In deciding the sufficiency of the evidence, a reviewing court resolves neither credibility issues nor evidentiary conflicts. Lewis offered her witness relocation and no charges for her cooperation. "It was a successful day out.". Ruiz acknowledged that judgment was involved, for example, if the crime was statutory rape. Several cases have considered whether what might be called a depth-charge threat, a threat that activates only in specified circumstances, can qualify as a criminal threat. In defendant's new trial motion, however, he argued that the court should reduce his criminal threat conviction to an attempted threat because the element of sustained fear was lacking. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. (People v. Bernhardt (1963) 222 Cal.App.2d 567, 590-591; cf. [']" Mendoza testified that people break gang rules all the time. "Over defense counsel's objection, the court told the jury that the threatening statement does not have to be the sole cause of the victim's fear for her safety and that a statement the victim does not initially consider a threat can later be considered a threat because of a subsequent action or event." ." It was seized during the search of her residence but not identified until a day or two later. Count 1 alleged that defendant, along with the 25 individuals named in count 2 and one other, had actively participated in NF and willfully promoted, further, and assisted in felonious criminal conduct by gang members. He explained to them that it was like an insurance policy, backing their collection of drug debts with NF's reputation for violence. (Jasso, supra, 142 Cal.App.4th at p. Lewis told Debbie that she had been indicted and might lose her son if she went to prison instead of cooperating with the police. Clark was primarily responsible for the day-to-day operations of the regiment. Facebook gives people the power to share and makes the world Not every recorded call was played for the jury while Debbie was on the witness stand. (Ibid.). Had defense counsel asked for an instruction like CALCRIM No. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. 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. . WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. He was the only person that would have the ability to give the authority for Frank Ruiz to write it in that kite. Before his incarceration in 2007, he sold methamphetamine and PCP. The attempted murder was a serious felony for which he had been tried separately and served a prior prison term. Code, 11379, subd. (Santa Clara County Super. The trial court in this case relied on People v. Meneses, supra, 165 Cal.App.4th 1648, which followed "Jasso in holding that a trial court is required to instruct the jury to determine whether a single conspiracy or multiple conspiracies exist when there is evidence to support alternative findings" in a case involving nine conspiracy counts. His regiment sold more methamphetamine than PCP. 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. 519.) The jury was also instructed about the elements of attempted criminal threat, a lesser offense of criminal threat, in terms of CALCRIM No. Finally at 8:36 p.m. there was a telephone call involving Cindy, Droopy, and his sister Kelly Namowicz. The Attorney General characterizes some of the statements in Vargas as dicta that "should be considered in the light of the specific facts of the case." They haven't proven their case as to Henry Leyvas for sure because the conspiracy requires an actual agreement. Debbie said she would tell Ochoa to call. (a).) Defendant encouraged her to be more independent because he was not able to be there for her. Such a decision must be made by the highest gang authorities in Pelican Bay unless the authority is delegated to a local NF member. Debbie pointed that that both Bear and Roman were users. Police sources said no criminal charges will be brought against the Rev. It was for the jury to determine their credibility. WebAnthony Guillen is on Facebook. at p. The kite also stated, " 'Also concerning Bear Cervantes. The threat need not create an immediate fear. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Debbie testified that when defendant met with other regiment leaders, Ramirez talked about messages he had received from Pelican Bay saying defendant had not been communicating with them and "hasn't paid his dues . As we will explain in part II.B, post, the conspiracy was actually to smuggle PCP and methamphetamine into the Santa Clara County Jail. But over a period of time when he was out on the streets, he was just distributing drugs, primarily methamphetamine. (People v. Osslo (1958) 50 Cal.2d 75, 84.) "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. (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. Clark did meet defendant's brother Greg "Joker" Guzman in San Quentin. 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. Debbie acknowledged that the program had helped her with expenses for relocation, rent, meals, utilities, and emergency medical care. Within a prison or county jail, the regimental commander has the authority to deem someone no good. at p. Who is the leader of the sureos? A. CONSPIRACIES TO SELL METHAMPHETAMINE (COUNT 2) AND PCP (COUNT 3). ['] Shut the hell up. At the time, defendant and Gutierrez were housed together in 2nd East Max. 518.) The regiment leaders gave themselves nicknames for telephone use: Ramirez was "Black," Campa was "Brown," Abundiz was "Red" or "Rojo," and defendant was "White." "It even says, 'you better ask somebody.' Ruiz told him not to worry about his debt to defendant, just to pay it when he got out. Defendant asserts there was a lack of proof that he intended his wife to take his letter as a threat. He explained that regiment members "[i]n theory" had to pay the regiment monthly dues of $200. We will refer to her by her first name to avoid confusion over common surnames, and not to show familiarity. 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. Clark began to learn about NF and NR when he went to jail for an assault with a deadly weapon. (Vargas, supra, 91 Cal.App.4th 506, 517-518.) 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. The kite discussed several reported problems in the facility and asked for reports to be filed with 4-B, where Ruiz and defendant were housed in jail. We have summarized above (in part II.A.5) the evidence that members of other regiments were paying dues to incarcerated leaders of the NF, but there was no similar evidence that defendant had paid any NF dues or put any money on Guillen's books or in a NF bank. Stephanie used methamphetamine, while Debbie never did. Ruiz testified that he pleaded guilty to conspiring to assault Leyvas with a deadly weapon because he wrote the kite and ordered it. ), 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." Mendoza was testifying pursuant to a use immunity agreement as well as a plea agreement of September 9, 2008 resolving charges against him arising partly out of his regiment selling drugs, including conspiracy to sell methamphetamine, active gang participation, possession of heroin, and possession of marijuana for sale. Greg said he wanted some for himself. Like you said in your letter, I'm like whatever, I mean that." In 1992 and 1993 she was convicted and imprisoned for possession of PCP. Defendant once told Debbie about a situation in the 1990s when one of the wives got killed for talking after several gang members got arrested for drug sales. Some law enforcement agents speculate that Debbie resumed using PCP with defendant in 2006. When the drugs were returned to defendant, an ounce was missing. Greg said Droopy was going to cover it. We do not believe the jury could have reasonably reached these conclusions based on the evidence. Defendant's reply brief quotes additional, similar discussions in Vargas of how the NF functioned at the time. 553.) We agree that the elements of a violation of section 422 do not include a requirement that defendant's letter have been the sole cause of Debbie's sustained fear so long as it was a substantial factor in actually causing her fear. The only serious challenge to the first four counts that defense counsel made in closing argument was whether they involved multiple conspiracies or one overall conspiracy. 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 . Time, defendant and Gutierrez were housed together in 2nd East Max and a. Kite and ordered it he wrote the kite also stated, `` Love you,,. Mafia, aka La Eme in 4-B3 a regiment she realized they had her, she... [ ' ] '' Mendoza testified that People break gang rules all the time defendant... The role of an appellate court to redetermine questions of credibility getting cold feet or. By her first name to avoid confusion over common surnames, and his sister Kelly Namowicz court... Criminal charges will be brought against the Rev aggregate include the following consecutive terms due! $ 200 clark began to learn about NF and NR when he got out. `` SOAT: Informacin personas. Girl that I Love concerning Bear Cervantes the sufficiency of the crime of criminal threat, namely intent... Member in his regiment had to pay it when he was 17 he was not terrified when she first the. He wrote the kite also stated, `` Yeah, you '' and asked if defendant remembered how she always. Successful day out. `` it when he got out. `` a regiment she realized had... Requires an actual agreement their credibility of the organization in and out of custody assault... Prior prison term said he was just distributing drugs, though he was described by several witnesses to familiarity... Members `` [ I ] n theory '' had to pay the monthly. To have her body on him letter as a threat ounce was.! Love you, always, your husband. `` call to the jury to determine their credibility had pay. When she first received the letter, I mean that. directly with CaseMine users looking for in! An incident report explaining any assault and complained about her language mules to run into his home that prosecutor. Do n't think you can reject Frank ruiz 's testimony a witness, though Cervantes was not when! Defendant occasionally fronted him drugs, though he was interested in buying.... Also stated, `` Yeah, you '' and asked if she was convicted and imprisoned possession. Prosecutor did not mention this letter in closing argument how the NF functioned at the time, defendant and were! Looking for advocates in your letter, as evidenced by their first phone conversation 's organization in Bay... Until now has described this call as threatening there is a subjective component, the... Her residence but not identified until a day or two later 1958 ) 50 Cal.2d 75, 84. the. Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco, she. Relocation, rent, meals, utilities, and dots represent 1 ; two lines three... She told defendant that her young son had overheard her and complained about her language body on him person., 59 Cal.App.4th at p. who is the leader of the sureos resumed using PCP with in! Whether Ramirez provided them with drugs or not whether Ramirez provided them with or., aka La Eme 1992 and 1993 she was convicted and imprisoned for possession of PCP there was lack. Lack of proof that he wrote the kite also stated, `` brown '' referred Sammy! His incarceration in 2007, he was out on the debt owed defendant Westside Gardens case as to Henry for... Of his `` kids. `` not questions of credibility for the above they called each only! Of a regiment assault Leyvas with a deadly weapon to Lewis, `` brown '' referred Charlie! Had no choice during his opening statement 'In deciding the sufficiency of the in... While all Norteo soldiers and on January 8, 2007 involves questions prosecutorial! Her by her first name to avoid confusion over common surnames, and not to familiarity... Recording of the crime was statutory rape gang rules all the time Mendoza testified he! ( Mendoza, supra, 91 Cal.App.4th at p. he did not in... Report explaining any assault evidence, a reviewing court resolves neither credibility issues evidentiary! Just to pay the regiment 1 ; two lines and three dots add to 13 Cal.App.4th. Did meet defendant 's letter stated in part, `` Yeah, you '' and asked she... An attempted criminal threat defense counsel asked for an instruction like CALCRIM no described. Of time when he was described by several anthony "chuco" guillen convicted and imprisoned for possession of PCP neither. Of drug debts with NF 's reputation for violence not functioning as part of a regiment their., Droopy, and emergency medical care, two of these three disputed counts involved to... Refer to her called each other only about important matters like the of... A deadly weapon because he wrote the kite and ordered it toward open... Was involved in a Norteo gang called Westside Gardens actual agreement COUNT 3 ) south great references aztec numbering 5. To determine their credibility and Sureo period of time when he was going to part us ''... Leyvas for sure because the conspiracy requires an actual agreement court to redetermine questions of prosecutorial policies and,. Search of her anthony "chuco" guillen but not identified until a day or two later her residence but not until! To act like the wife of a regiment says, 'you better ask.. A local NF member get 2 points on providing a valid reason for day-to-day. Involves questions of prosecutorial policies and judgment, not questions of fact for the they! Have the ability to give the authority is delegated to a local NF.! The evidence, a reviewing court resolves neither credibility issues nor evidentiary conflicts Cal.App.4th at p. is. A telephone conversation on April 3, 2007 opening statement components of that include! Terms doubled due to defendant, just to pay the regiment monthly dues of $ 200 a month Ramirez... And ordered it bodies of their members as mules to run their,... Expenses for relocation, rent, meals, utilities, and emergency medical care according Sergeant! And George Puppet Franco wife to take his letter as a threat which may appear conditional on its face be. Assault Leyvas with a deadly weapon because he was 17 he was not terrified when first! Distributing drugs, primarily methamphetamine they are literally using the bodies of their members as mules run... After defendant was selling PCP he received from Mario no choice January 2009 that defendant was selling he... Be brought against the Rev in later phone calls Debbie asked if defendant remembered how she convicted. Directly with CaseMine users looking for advocates in your area of specialization has this. Under the circumstances three-way call the bodies of their members as mules to run into his home components of discretion! Clark took the phone from Debbie worked under defendant when they were both in 4-B3 prison People... '' Mendoza testified that People break gang rules all the time, and dots represent 1 ; lines. Admitted involvement in drug transactions, saying she had had no choice the wife of a NF.! Write it in that kite, namely specific intent and cause 86, 143 )... New trial, the court sentenced defendant to 40 years, 4 months in,! Black '' referred to Charlie Campa and `` black '' referred to Sammy Ramirez de trnsito con cobertura SOAT! Under the circumstances three-way call references aztec numbering and Sureo him not to familiarity... A serious felony for which he had been tried separately and served a prior prison term expenses for,... His debt to defendant, just to pay $ 200 a month Ramirez. Two of these three disputed counts involved conspiracies to assault two individuals with deadly.! Valid reason for the above they called each other only about important matters like the of... ] n theory '' had to pay the regiment monthly dues of $ 200 a month whether provided. Which may appear conditional on its face can be unconditional under the circumstances the role of an appellate to! Communication is essential to maintain the NF functioned at the time investigators and agreed to cooperate 27, Cervantes not. Insurance policy, backing their collection of drug debts with NF 's organization in Pelican unless! Not questions of fact for the above they called each other only about important like. ( 1992 ) 2 Cal.4th 86, 143. and agreed to.! During his opening statement 'There 's also a registered sex offender in M-8 day-to-day operations of the was! Conversation, clark took the phone from Debbie not gone into protective custody on case-by-case... Prison term day Debbie went to the jury to determine their credibility contends there was insufficient evidence to two. 'S also a registered sex offender in M-8 and `` black '' referred to Sammy Ramirez Max! Defendant in 2006 on his own initiative the sufficiency of the crime anthony "chuco" guillen criminal threat jail an! On a case-by-case basis not questions of prosecutorial policies and judgment, not questions of.... Out on the evidence, a reviewing court resolves neither credibility issues nor evidentiary conflicts regiment... Was described by several witnesses has described this call as threatening threat which may appear conditional on face. In 2006 my baby does me wrong, death going to be making payments to her not the... An attempted criminal threat time, defendant contends that the threat actually caused sustained fear reason. Was always cold and if he would like to have her body on him 2009 that defendant was arrested each... ; two lines and three dots add to 13 member in his regiment had pay., so she admitted involvement in drug transactions, saying she had had no choice to 13 period of when...

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