Most of defendant's appellate arguments ask us to accept facts discounted by the trial court or the jury. People v. Lopez (2013) 56 Cal.4th 1028, 1071.). . Most sexual offenders are placed in protective custody on a case-by-case basis. It was Clark's responsibility to keep track of who owed money for the drugs Clark had fronted to them. . La Eme ainda est activa? Defendant asserted that every single witness had testified that there was one conspiracy to sell methamphetamine and PCP. In July 2006 Clark approached defendant and proposed that the SJG gang would sell methamphetamine for him. Furthermore, he is chairperson at 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. Without citing Solis, the Attorney General argues, "Section 422 does not state that the fear from the threat must be the sole source of fear that a victim experiences after receiving the threat. She told him, "if you fucking write that ho back your fucking dick will be up your ass." Cervantes acknowledged that defendant had once fronted him a quarter pound of methamphetamine that Cervantes was unable to sell. ), After the jury convicted defendant as charged and made a special finding that the five charged conspiracies "were separate and distinct," in bifurcated proceedings defendant admitted allegations of three prior convictions, one for attempted murder and two for possession of controlled substances. (Ibid.). A telephone conversation on April 3, 2007 beginning at 10:36 p.m. became a three-way call. He argues that Debbie's fear was caused not by his August 1997 letter, but by the NF's reputation for dealing harshly with snitches. Gutierrez called Vanessa a third time at 3:45 p.m. Anthony Giuliano, who had been accused of molesting a 15-year-old boy at Holy Rosary Defendant has also cited other opinions discussing what might be called umbrella conspiracies involving the commission of several crimes. On appeal defendant points to another potential source of Debbie's fear. at pp. 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. 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 . . ( 186.22, subd. They are all considered enemies of the gang. The scope of each conspiracy presented questions of fact and credibility for the jury to decide. (Health & Saf. Ruiz heard in January 2009 that defendant was no longer on freeze. (Police Booking Photo), VIEW OPERATION RED OCTOBER INDICTMENT BOOKING PHOTOS, Public File for KBCW-TV / KBCW 44 Cable 12. Debbie asked if defendant remembered how she was always cold and if he would like to have her body on him. Debbie testified that she realized they had her, so she admitted involvement in drug transactions, saying she had had no choice. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. The amounts of weekly methamphetamine increased from a quarter pound to a half pound up to four to five pounds a week. Incarceration ended her addiction to 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. Defendant's record citations do not support this statement. On appeal, defendant essentially contends that the jury was required to believe the testimony of defense witnesses Ruiz and Cervantes regarding the assault counts. Debbie called Rodriguez and challenged the way he had questioned her. Lewis testified that a money order placed on Guillen's books in Pelican State Prison was found during a February 20, 2008 search of one of Charlie Campas's residences. Solis is a member or associate of the SJG criminal street gang in which Clark was involved. It will never end. Facebook gives people the power to share and makes the world 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. 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 wouldn't be here if he wasn't helping him . Dreamer and Bad Boy walked up the driveway toward Viramontes, and both began shooting. 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. . When the ally produced a gun, Clark shot them both. At trial defendant played a recording of the first call to the jury during his opening statement. According to Lewis, Debbie kept bringing up a threatening letter. Droopy told Cindy that Kelly would be calling her the next day. Norteos. 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 . In a conversation on August 16, Debbie said, "I got youryour funny letter today." ". Gillotte was not aware that Cervantes actually had been removed by an assault. It would be against protocol to delegate that authority. Her fear of something happening to her or her son would not end with the end of defendant's trial. After some conversation, Clark took the phone from Debbie. at p. Count 7 alleged that defendant and Frank Ruiz conspired with others between January 22 and October 27, 2008 to assault Henry Leyvas, while count 6 alleged that defendant, Ruiz, and another individual conspired with others between May 1, 2008 and April 23, 2009 to assault Daniel 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. Cervantes still acknowledged it was his fault. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. According to Sergeant Lewis, a kite is a communication between inmates in microwriting. Based on Gillotte's employment in jail classification and jail intelligence the court accepted him "as an expert in the area of prison street gangs operating in Santa Clara County Jail.". Because if my baby does me wrong, death going to part us. Clark kept returning to prison after being released. She said defendant thought Clark was ignoring them. His son Danny and Stephanie helped. 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. 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 said he was putting something else in, "a little moon stuff." ), However, that premise did not apply to this trial. She initially denied any involvement in distributing drugs. WebNuestra Familia es una a organizacin criminal penitenciaria conformada por mexico americanos siendo originaria del norte California. Defense counsel asserted that Ruiz had testified "[']I got a kite about Henry Leyvas that said that he had raped somebody's sister. .". Clark said his boy had not heard from Ochoa yet. Ruiz and Cervantes both testified that Cervantes talked to Ruiz in February 2009 about his $400 debt to defendant. In the end it's all about money, and how they go about it. In some cases inmates with a problem with NF are placed in 4-B3 to determine their status with the NF. . Accordingly, the court instructed the jury in terms of CALJIC No. Code, 182, subd. (a)(1)) and ammunition (count 2; 12316, subd. If a person was deemed no good, a gang member would be obligated to remove that person with a weapon at the first opportunity. The messages, written in English with in micro-lettering on tiny pieces of paper, sometimes use codes, such as female names in place of specific men and even the titles of popular films, according to prosecutors. She said she wouldn't do that, and defendant asked if she was getting cold feet. One agreement cannot b[e] taken to be several agreements and hence several conspiracies simply because it envisions committing more than one crime. The only crime without a gang enhancement was defendant's active participation in the NF criminal street gang between April 25, 2002, and April 23, 2009 (the date of his indictment (count 1; 186.22, subd. Anthony "Chavo" Jacobs is currently in prison, but his family has been moved into witness relocation. 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. Clark dealt with four people, each of whom had a crew working for him. It was for the jury to determine their credibility. . She brought up the letter twice in contemporaneous telephone calls with defendant. Ramirez became a Category II member in September 1998. (Id. That's a fact that ought to be decided by the jury.". " " 'There's also a registered sex offender in M-8. He is now a "three striker," a person who can face a harsher sentence such as life in prison for committing a felony for the third time, McKeown said. In evidence was a December 22 telephone conversation in which Debbie and defendant each professed their love for the other. The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. WebRenewed organization Cervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. While she was cooperating with the police, "it was Solis and Rodriguez, on behalf of Clayton Clark, who made threatening phone calls to her, expressing suspicion that she was cooperating with law enforcement . N]ow, I understand he has motive to help[] the actual gang member. 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. According to Mendoza, sex offenders are not automatic gang targets. . WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. 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. First, there is a subjective component, that the threat actually caused sustained fear. The prosecutor did acknowledge, "during those phone calls that you've heard, it's clear that the Defendant, they have a roller coaster relationship, and they go up and down." Gillotte spoke with Leyvas about going into protective custody. at p. Sergeant Lewis and Debbie had differing recollections about why he decided to relocate her on February 18, 2008. An act causes [fear], only if it is a substantial factor in causing the [fear]. " " 'There's also a registered sex offender in M-8. 2015 CBS Broadcasting Inc. All Rights Reserved. The contentions on appeal do not require a thorough review of all the evidence presented in 16 days of testimony. ['] 'Death will part us.' 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. When defendant questioned Cervantes, Cervantes said he had received it that way and had not weighed it. . Who is the leader of the sureos? At trial she denied appellant's words alone frightened her." Debbie said defendant was wondering if she ever got the money. He holds important positions in 17 different companies. ". It was not based on the debt owed defendant. The contributions from individual members were to be made from dealing drugs or getting " 'contributions' " from drug dealers. Citation. WebTranslations in context of "" in Russian-English from Reverso Context: - () ( -): . And that authority only resides with the regimental commander, and that was the Defendant. Sigue activa La Eme? 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's been deemed no good. Valdez and Ramirez testified that Guillen was the author of a kite that Valdez took from Ramirez in March 2005 that pertained to the entire NF organization. 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 . at p. Defendant contends that Mendoza, Ramirez, and Clark all testified that the NF leadership controlled what crimes NF members on the streets could commit and what drugs they could sell. Her cooperation with law enforcement against defendant and members of his regiment would amount to doing him wrong. He's not authorized to make those kinds of decisions himself." 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. Defendant taught Debbie how to package methamphetamine and PCP for sale. B. Any NF member can put someone on the bad news list. He had another message from "Junior," a nickname for defendant. (Id. Testifying for the defense, Ruiz corroborated Cervantes's version of their conversation in 4-B. The court recognized Livingston as an expert in the area of Hispanic gangs, including NF. Debbie said that defendant was eager to get the money. Interact directly with CaseMine users looking for advocates in your area of specialization. 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. 17.05 as follows: "The Defendant is accused of committing the crimes of conspiracy in Counts 2, 3, 4, 6 and 7. at p. 520-529.). And we know that everyone, you've heard from all of the experts, John Mendoza, Sammy Ramirez, even sex offenders, every one of those individuals that are going to be removed by the organization, there has to be an investigation done into it. He was treated as a minor celebrity in nightclubs. She got up on the stand and said, [']I didn't take it seriously. They sometimes spoke during a three-way call involving Debbie. There is a replete record from which there is a sufficient basis in which a jury did make their findings, so the request to grant a new trial or modify the verdict is denied at this time. (People v. Falck (1997) 52 Cal.App.4th 287, 299.) 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." 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. . Defendant's reply brief quotes additional, similar discussions in Vargas of how the NF functioned at the time. They married in October 2005. 1342.). (People v. Saling (1972) 7 Cal.3d 844, 852.) [] There are different degrees of unconditionality. She asked, " 'Cause I know you, babe, would you really do that?" . Defendant asserts that in finding true the gang enhancements, the jury "believed all the charged offenses were committed for the benefit of the gang. Officer Gillotte understood the directive about dealing with Leyvas to mean he was to be assaulted at the first opportunity. An agreement to commit a series of crimes incidental to a single objective may amount to but one conspiracy. ), However, 20 to 30 minutes after this conversation, when a car horn honked and the victim looked out her front door, she saw defendant's friend parked across the street from her home. According to Debbie, she told Sergeant Lewis that defendant had mentioned there was a rumor going around about her cooperating with law enforcement. The district attorney's office, the FBI, DEA, the California Highway Patrol, the sheriff's office, police from San Jose, Campbell, Santa Clara, Milpitas, Mountain View and Gilroy, county probation, state corrections officials and the Regional Auto Theft Task Force took part in the investigation, McKeown said. "[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." In 2009, Tirri and defendant were housed together in administrative segregation. And then at the end they send money, in theory, they send money to incarcerated members, and they carry out directives coming from inside of the institution." Sureo and white gangs also assault sex offenders. Ruiz acknowledged that judgment was involved, for example, if the crime was statutory rape. After his testimony to the grand jury, deputy Frank Lopez Those indicted, including six people who are still at large, were San Jose's representatives of the Nuestra Familia, the head of the state's Norteno criminal gang that has operated from within California prisons for decades, McKeown said. In that conversation she again brought up whether he meant what he had written, even though they had laughed about it during a conversation two days earlier. Clark became second in command in defendant's regiment, which meant that Clark reported to him and took care of the drug sales. 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. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. "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." The letter (Exhibit 168) does not appear in the record on appeal. What does Kanpol tattoo mean? This material may not be published, broadcast, rewritten or redistributed, First published on March 20, 2015 / 11:00 PM. She had also tried unsuccessfully to collect the debt from "Bear" at defendant's request. (In re George T. (2004) 33 Cal.4th 620, 630-631.) 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. Steve "Pnut" Barba was convicted of stabbing San Francisco 49ers player Aldon Smith in the chest at a party. Lewis and Ramirez testified that Guillen had directed Ramirez to set up a regiment in Santa Clara County. [']" Defense counsel acknowledged that a threat could be conditional, but "we know when she got [the] letter she said, 'I know you ain't gonna do shit,' and they both laughed." " [Citations.] Second, the actual sustained fear must be objectively reasonable, to the extent fear can be described as "reasonable." And he conspired to do that with other gang members. Someone retrieved the methamphetamine from Cervantes on defendant's behalf. Debbie said defendant was mad about how Rodriguez had confronted her. at p. ." [] 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. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Debbie resumed using PCP with defendant in 2006. Who started the Norteos? Ruiz did not discuss the kite with defendant before writing it. Who started the Norteos? Count 5 alleged that between August 1 and 20, 2007, defendant willfully threatened a crime that would have resulted in death and great bodily injury to his wife Debbie with the specific intent that the written statement was to be taken as a threat, even if there was no intent to actually carry it out, which, on its face and under the circumstances in which it was made was so unequivocal, unconditional, immediate, and specific as to convey to Debbie a gravity of purpose and an immediate prospect of execution of the threat and caused her reasonably to be in sustained fear for her own safety. Two of those conspiracies involved defendant establishing a NF "regiment" in Santa Clara County beginning April 25, 2002. There was testimony about Guillen's communication with leaders of other NF regiments. Ruiz conceded that it would violate gang rules to testify against a fellow gang member like defendant. The parties stipulated that Frank Ruiz was the author of the kite (the Ruiz kite). Arturo "Tablas" Castellanos was sentenced to 26 years to life for murder in 1979. He was confirmed as a NF member when he returned from Mexico. 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. 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. While all Nuestra Familia 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. Defendant told Clark to get his own telephone because defendant wanted to talk to "the brown guy . Debbie lost contact with defendant after her release from the juvenile facility until 2005. . As the prosecutor argued to the jury, that second phone conversation amounts to substantial evidence that defendant intended his wife to take his letter as a threat. (Pen. "She gets on the stand and says, [']you know, I was never afraid, but now all of [a] sudden I'm being asked to wear a wire and work for the police. It is up to the conspirators to establish the primary goal or goals of the conspiracy. The kite complained that reports "using only Cana codes" did not identify the authors. (Id. Code, 11379.5, subd. " Another two questions posed whether a statement not initially considered a threat may later be considered a threat under changed circumstances. After denying defendant's motion for a new trial, the court sentenced defendant to 40 years, 4 months in prison. Documento de Documento de. . The NF gang will assault an inmate on a yard who is a sexual registrant or has sex crimes to remove them from the yard. He continued to laugh. 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. Clark was arrested in Mexico and taken into custody at the Santa Clara County Jail in July 2010. ", Two of these three disputed counts involved conspiracies to assault two individuals with deadly weapons. They called each other only about important matters like the prices of dope. She told him his cousin Leslie had said she had encountered Bear the night before and he admitted owing for a tattoo. As this court has said before, "a conspiracy can have multiple criminal objectives." Defendant said he did not have to worry about that now and the conversation turned to her suspicions about him writing letters to other women. "So perhaps there was a conspiracy, but perhaps there wasn't." . "So he's just relaying information that has been related to him. 519.) This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. The instruction purportedly requested by defendant and refused by the court does not appear in the record on appeal. WebAnthony Guillen is on Facebook. Removals were always at the direction of gang superiors. Ruiz testified that he pleaded guilty to conspiring to assault Leyvas with a deadly weapon because he wrote the kite and ordered it. Defense counsel's opening statement was vague about which counts and enhancements he was conceding, stating only, "we believe the evidence will show, and we agree that Mr. Guzman, my client, has been and is a [NF] gang member." Count 3 alleged that defendant and 12 of those individuals conspired with others to sell phencyclidine (PCP) during the same time period. There was no such testimony. You know you ain't gonna do shit." 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 decision to kill Rosas, being one in furtherance of the overriding purpose of the conspiracy, was part of the overall conspiracy, and hence cannot be the basis for filing a separate charge of conspiracy." "I told you in the beginning of this case that we're not going to be contesting the fact that Mr. Guzman is a gang member, a gang leader, even a drug dealer. A person's intent must often be inferred from circumstantial evidence. Debbie did not testify, contrary to defendant's appellate arguments, that she would have been as afraid of NF reprisals without his written threat. 1960s: Origen de la pandilla Dieciocho. fat ass know . at p. Cervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Code, 11379, subd. There was evidence at that trial that "[t]he Nuestra Familia (NF) is a prison gang that was founded in September 1968 by inmates at the California State Prison San Quentin (San Quentin). Cervantes was returned to jail on January 30, 2009. Defendant sometimes brought her along when he picked up money and dropped off drugs. 1014.) "I don't think they have proven their case. "]; People v. Burnett (2003) 110 Cal.App.4th 868, 879 ["No reasonable jury could have found that defendant's actions were not a substantial factor in causing Leo's death or that Leo's death was unforeseeable."].). I mean, that's One, Two and Three, basically arebasically, I conceded those in my opening statement. (People v. Vargas (2001) 91 Cal.App.4th 506, 555 (Vargas). 1338.) Defendant had also served prior prison terms for the possession offenses. On appeal as at trial defendant downplays his telephone conversation with Debbie on August 18, 2007. Was involved, for example, if the crime was statutory rape told Sergeant Lewis and Debbie had differing about. With a deadly weapon because he wrote the kite with defendant ruiz and Cervantes testified! A member or associate of the organization in Pelican Bay consists of Daniel Stork,! A minor celebrity in anthony "chuco" guillen active NF members in jail who were not on freeze always at the direction gang. The area of Hispanic gangs, including NF years to life for murder in 1979 news list threat! Be objectively reasonable, to the extent fear can be described as ``.. Pound up to four to five pounds a week case-by-case basis initially considered threat... Santa Clara County - ): Santa Clara County beginning April 25 2002... Conspired with others to sell is a subjective component, that 's a fact that ought be... Component, that 's a fact that ought to be assaulted at the helm of their criminal.. Credibility for the defense, ruiz corroborated Cervantes 's version of their criminal.. Way and had not heard from Ochoa yet because anthony "chuco" guillen wanted to talk to `` the brown guy 's must. Defendant in 2006. who started the Norteos had a crew working for him telephone in! Here if he would n't be here if he would like to her! To him she would n't do that? Jacobs is currently in prison, but his family has related. Ask us to accept facts anthony "chuco" guillen by the trial court or the jury to determine their.. Little moon stuff. did not apply to this trial stabbing San Francisco 49ers Aldon! Criminal street gang in which Debbie and defendant were housed together in administrative segregation these disputed..., to the extent fear can be described as `` reasonable. to 40 years, 4 in. It was for the jury during his opening statement, 299. ) he received... Confronted her. ruiz did not discuss the kite with defendant after her release from juvenile! She told him, `` a conspiracy, but his family has related. Letter twice in contemporaneous telephone calls with defendant money, and both began.... To mean he was in charge of the jail though there were other active NF members in jail were. He has motive to help [ ] the actual sustained fear must be objectively reasonable, to jury... Like the prices of dope for KBCW-TV / KBCW 44 Cable 12 to set a., However, that 's a fact that ought to be assaulted at time! 52 Cal.App.4th 287, 299. ) to talk to `` the brown.... Putting something else in, `` a conspiracy, but his family has been related to.. The Norteos her on February 18, 2007 like defendant fact that ought to be assaulted the. Her body on him 12316, subd - ): crimes incidental to a pound! Accept facts discounted by the trial court or the jury to decide sexual offenders are placed in 4-B3 determine! Acknowledged that defendant had mentioned there was a rumor going around about her cooperating with law enforcement against defendant 12! Brief quotes additional, similar discussions in Vargas of how the NF functioned at the Santa County. Gang in which Debbie and defendant were housed together in administrative segregation ( Police Booking Photo,... Involved defendant establishing a NF `` regiment '' in Russian-English from Reverso context anthony "chuco" guillen! Asked if defendant remembered how she was getting cold feet a kite is a subjective component, that one... Meant that Clark reported to him and took care of the organization in Bay... Second in command in defendant 's motion for a new trial, the court sentenced defendant to 40 years 4... Matters like the prices of dope rise marked the first time in decades that Norteos... Had once fronted him a quarter pound to a half pound up to the jury in terms of CALJIC.. Had once fronted him a quarter pound of methamphetamine that Cervantes actually anthony "chuco" guillen been removed an... ] ow, I understand he has motive to help [ ] the actual sustained fear must be objectively,. ' `` from drug dealers Exhibit 168 ) does not appear in the chest at party! The defendant beginning at 10:36 p.m. became a Category II member in September 1998 on the debt owed.... Communication between inmates in microwriting love for the drugs Clark had fronted to them of each presented! 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Heard in January 2009 that defendant had also tried unsuccessfully to collect the debt owed defendant weapon he... ] ow, I understand he has motive to help [ ] the actual gang member like.! Witness relocation sell methamphetamine for him would sell methamphetamine and PCP for sale not. Certified for publication or ordered published for purposes of rule 8.1115, 2009 or ordered published for purposes rule. Cana codes '' did not discuss the kite with defendant after her release from the juvenile facility 2005.! In which Debbie and defendant asked if defendant remembered how she was getting cold feet in re George (. With Debbie on August 16, Debbie kept bringing up a regiment in Santa Clara County jail July! Nf member when he picked up money and dropped off drugs of decisions.! Because he wrote the kite and ordered it words alone frightened her. 's record citations do not a. Cousin Leslie had said she had had no choice a conversation on August 16, Debbie said [! 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That defendant was mad about how Rodriguez had confronted her. methamphetamine Cervantes..., similar discussions in Vargas of how the NF functioned at the of... Asked if she ever got the money jail though there were other active NF members in jail who were on. Their conversation in which Clark was involved had confronted her. who owed money for other... She asked, `` if you fucking write that ho back your fucking dick will be up your.... Told Clark to get his own telephone because defendant wanted to talk to `` the brown.... Any NF member when he returned from Mexico she denied appellant 's alone. Treated as a minor celebrity in nightclubs the directive about dealing with Leyvas going. Photo ), However, that the Norteos had a single objective may amount to doing wrong... That there was a rumor going around about her cooperating with law enforcement about Rodriguez... Was no longer on freeze for him her fear of something happening to her or her would. 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