Clark testified that was a reference to selling four pounds of methamphetamine. 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. You would not." Mario said he would make the same arrangements with Ramirez that he had with defendant, "L," namely he would front him one, two, or three ounces at a time and he could pay a day later. Based on disarray in Elmood, the kite directed recipients to file reports of rosters and incidents as soon as possible at 4-B, where Ruiz and defendant were housed. 520-529.). "It's never going to end. We conclude there is substantial evidence supporting defendant's conspiracy convictions of counts 6 and 7. ['] Shut the hell up. The threat need not create an immediate fear. .". Debbie testified that she realized they had her, so she admitted involvement in drug transactions, saying she had had no choice. at p. 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. Other evidence that defendant had engaged in multiple drug sales conspiracies was that defendant had at least two different individuals as sources of methamphetamine and PCP, and he provided those drugs to different individuals. Her cooperation with law enforcement against defendant and members of his regiment would amount to doing him wrong. Clark's assistance to defendant from outside jail was limited, as he was involved in a shootout at his apartment on July 29, 2007, that led to his relocation to Mexico. Livingston and Valdez testified that Guillen was in contact with regimental commander James Cramer in October 2005 and that Cramer reported to Guillen. The prosecutor did not prove that defendant "entered into an agreement with anybody to assault either Henry Leyvas or Danny Cervantes.". The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Solis called Debbie on January 8, 2008 and met with her the next day. WebNuestra Familia Nuestra Familia; Founding location: Soledad, California Correctional Training Facility: Years active: 1968 present (a).) She asked, " 'Cause I know you, babe, would you really do that?" Greg called Cindy 15 minutes later and said Droopy was going to call her shortly. It was Clark's responsibility to keep track of who owed money for the drugs Clark had fronted to them. Cervantes said he should have handed "it" directly to defendant instead of to Roman, because defendant said it was short. Debbie acknowledged that the program had helped her with expenses for relocation, rent, meals, utilities, and emergency medical care. . He became the secretary of Skip Villanueva, a high-ranking NF member. Before defendant went into custody, he said to Debbie that if she ever talked to the police, it would be the last time she talked. After some conversation, Clark took the phone from Debbie. Clark was arrested in Mexico and taken into custody at the Santa Clara County Jail in July 2010. (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. His words were that " '[h]e was going to talk to some guys from Happy Town,' " his criminal street gang, because she had " 'fucked up his brother's testimony . 1340. Aside from Barba, those indicted as a result of Operation Red October were Arlindo "Gino" Silva, 44; Benjamin "Big Happy" Mendez, 37; Carlos Roman, 40; Cassey Klauer, 27; Colleen Dunn, 51; Daniel "Bird" Millich, 37; Diego "Chucky" Mendoza, 25; Fidadelfo "Lil Sav" Ortiz, 17; Frank "Digit" Cruz, 29; Fred "Maton" Macias, 35; Freddie DeLaCruz, 33; Herman "Chango" Sifuentes, 34; Jacob "Tank" Dominguez, 29, James "Pistol" Gonzales, 33; Jesus "Yoosh" Varela, 30; Juan "Monster" Garcia," 22; Juanita Rivera, 48; Karlee Ochoa, 35; Peter "Payaso" Avila, 29; Raymond "Oldies" Garcia, 35; Rodolfo "Zeke" Rodriguez, 36; Shawn Vernon "Bam-Bam" Lee, 34; and Sonya "Giggles" Rodriguez, 49. WebIndemnizaciones SOAT: Informacin sobre personas fallecidas en accidentes de trnsito con cobertura de SOAT cuyo. Defendant asserts that in finding true the gang enhancements, the jury "believed all the charged offenses were committed for the benefit of the gang. For a period of time, Vince Tirri was Ramirez's second-in-command. at pp. Cervantes still acknowledged it was his fault. ['] So much so that she even told the officers, [']it's in the letter. Defendant did not argue to the jury that the fear his letter caused Debbie was superseded by an intervening cause. He continued to laugh. While he was in prison, he was involved in removals, which usually involved one inmate slashing the face of a gang enemy, after which "the bombers step in with two people who physically assault the individual so the person that was slicing them can get away." According to Sergeant Lewis, a kite is a communication between inmates in microwriting. . He holds important positions in 17 different companies. Two of those conspiracies involved defendant establishing a NF "regiment" in Santa Clara County beginning April 25, 2002. at p. mexican mafia (EME) The dots around the number 13 are common among members of the Mexican Mafia. [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. His regiment sold more methamphetamine than PCP. WebNorteos 14 - Free download as Word Doc (.doc / .docx), PDF File (.pdf), Text File (.txt) or read online for free. While Debbie testified that she was not immediately concerned about the August 15 letter, she did not forget about it either. The trial court denied defendant's new trial motion, explaining: "[T]his Court heard a number of arguments from Counsel regarding the single versus multiple conspiracy. ), Defendant has relied heavily on this court's Vargas opinion to support his conclusion that only one conspiracy has been proved. . 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. There was testimony about Guillen's communication with leaders of other NF regiments. In some cases inmates with a problem with NF are placed in 4-B3 to determine their status with the NF. After that conversation, she called Lewis and said she was afraid of being exposed as cooperating with law enforcement. He's to be dealt with ASAP.' Four hundred dollars was a small amount of money and it would not have created a problem between defendant and him. One was a more inclusive excerpt of a conversation on August 18. It concluded that the trial court "in response to the jury's questions, properly informed the jury that the threatening statement does not have to be the sole cause of the victim's fear and that a statement the victim does not initially consider a threat can later be seen that way based upon a subsequent action taken by a defendant . 519.) Greg said Droopy was going to cover it. 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. September 1, 2010 / 9:38 AM / CBS San Francisco. He spent time in two other units in Elmwood before being released from custody on September 21, 2008. 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. Defendant and Clark obtained methamphetamine from Jack Ochoa. ", 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. It was these factors that caused Debbie Guzman to be in fear, and not the August 2007 letter which she testified that she did not take seriously at the time." Defendant challenges the sufficiency of the evidence supporting his convictions of conspiring to assault Daniel Cervantes (count 6) and Henry Leyvas (count 7). "What you wrote in that letter. Citation. at p. People v. Lopez (2013) 56 Cal.4th 1028, 1071.). The jury was also instructed about the elements of attempted criminal threat, a lesser offense of criminal threat, in terms of CALCRIM No. She got up on the stand and said, [']I didn't take it seriously. Arturo "Tablas" Castellanos was sentenced to 26 years to life for murder in 1979. The instruction purportedly requested by defendant and refused by the court does not appear in the record on appeal. at p. Defendant did not believe Cervantes and believed Cervantes was hiding from people trying to collect on defendant's behalf. Carlos Roman brought the drugs to Cervantes and went to retrieve them when Cervantes failed to act. On count 3, the court selected the upper terms for the conspiracy and the gang enhancement based on defendant's leadership role, his criminal sophistication, and his performance on parole. [']" "I don't even think a conspiracy has been proved[] [i]f you give Frank Ruiz any credence whatsoever[. They are all considered enemies of the gang. WebCervantes' rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. The conversation turned to sex. This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (a)). Who is the original Crip? 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. (People v. Vargas (2001) 91 Cal.App.4th 506, 555 (Vargas). (People v. Hardy (1992) 2 Cal.4th 86, 143.) Debbie lost contact with defendant after her release from the juvenile facility until 2005. " Another two questions posed whether a statement not initially considered a threat may later be considered a threat under changed circumstances. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and In any event, we do not understand how defendant could have been prejudiced by the omission of such an instruction. As they do not involve criminal street gangs in general or the NF in particular, we see no need to distinguish each factually, as the Attorney General has done. It's not contestable. Dreamer and Bad Boy walked up the driveway toward Viramontes, and both began shooting. 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