After his testimony to the grand jury, deputy Frank Lopez WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Clark began to learn about NF and NR when he went to jail for an assault with a deadly weapon. It is up to the conspirators to establish the primary goal or goals of the conspiracy. He asked for the court, in advance of submitting the case to the jury, to either dismiss counts 2 and 3 or consolidate them into a single count. "The people in this indictment are on a level of sophistication and leadership, and with corroborating evidence, that we have never seen before," she said. A fourth person, Antonio "Chuco" Guillen, the San Jose NF underboss, supervised from another car parked down the street. The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. Finally, in a passage quoted by defendant, this court stated: "In fact, the record evidence points only to one conspiracythe agreement to establish the NF as a criminal gang to commit murder, robbery, burglary, extortion, and drug trafficking, among other crimes. 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. (Mendoza, supra, 59 Cal.App.4th at p. Mendoza was also the commander of a NF regiment in San Jose in 2003 until his incarceration in June 2004. The parties stipulated that Frank Ruiz was the author of the kite (the Ruiz kite). While defendant laughed, she continued, "Ass kicking, you can ask somebody." Dreamer and Bad Boy walked up the driveway toward Viramontes, and both began shooting. Debbie called Rodriguez and challenged the way he had questioned her. " ' "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." ), 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." [] 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. According to jail inmate John "Boxer" Mendoza, at the same time defendant arrived in jail, so did his codefendants Frank "Joker" Ruiz, a Nuestra Raza (NR) member, and Marco "Huero" Abundiz, a NF member. The Attorney General asserts that the jury in this case could have reasonably concluded: "the NF's goal was simply to have money put in the NF bank and on the books for members of the NF"; defendant's " methamphetamine and PCP conspiracies were in his private interest, each involving separate, if sometimes overlapping groups, and that while he paid dues to NF and was given street authority by Guillen, the conspiracies alleged were not solely conspiracies with members of the NF solely to fund the NF"; and defendant "did not have an agreement with the NF as such, but rather that any agreement he had was with Guillen, the NF general in Pelican Bay who controlled the street regiments." Code, 182, subd. We do not understand the distinction attempted in this last point. Frank Ruiz was housed in 4-B3 from July 11, 2007 through July 22, 2009. 1012.) He was on parole when they met. ), We accept the premise that when there is a factual dispute about whether a criminal defendant's conduct was among the causes of a victim's fear, injury, or death, the trial court sua sponte must give instructions about proximate causation and intervening, superseding causes. 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. 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. Debbie Guzman was well aware of the possible repercussions of wire tapping alleged drug dealing conversations and testifying against the [NF] organization. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. On appeal, defendant contends that the prosecutor proved at most an attempted criminal threat. The maximum time for a call until the jail changed systems in 2010 was 15 minutes. We have reviewed the testimony of Cervantes and Ruiz above (in part II.D) and need not summarize it in detail here. I never took it seriously. Second, the actual sustained fear must be objectively reasonable, to the extent fear can be described as "reasonable." No matter how compelling the proof was in the 1997 trial in Vargas, the resulting appellate opinion does not prove a single fact in this case. 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. Conditional threats are true threats if their context reasonably conveys to the victim that they are intended. He was a year or two younger. Before defendant was arrested in March 2007, the regiment was selling from two to five pounds of methamphetamine a week. [16] While members of the Norteos gang are considered to be affiliated with Nuestra Familia, being a member of Nuestra Familia itself does not signify association as a Norteo. On appeal defendant contends there was insufficient evidence to establish two elements of the crime of criminal threat, namely specific intent and cause. 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. 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." Anthony "Chavo" Jacobs is currently in prison, but his family has been moved into witness relocation. Algunas Debbie did not testify, contrary to defendant's appellate arguments, that she would have been as afraid of NF reprisals without his written threat. Cervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. C. CRIMINALLY THREATENING DEFENDANT'S WIFE (COUNT 5). And he conspired to do that with other gang members. 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. Clark called Debbie on February 5, 2008. . Tipo de Nmero de. In May or June 2006, Greg approached Clark about working in defendant's regiment. Her cooperation with law enforcement against defendant and members of his regiment would amount to doing him wrong. Last July 14, months prior to the raid, Barba was sentenced for stabbing Smith to three years in prison and three years of parole, but avoided prison time due to credits he received for serving 560 days in the county jail. Before confirming, please ensure that you have thoroughly read and verified the judgment. Before deciding this issue, we will review its procedural history. (Ibid. He holds important positions in 17 different companies. There was no such testimony. Count 4 alleged that defendant and seven other individuals, five named in count 2, conspired with others to smuggle a controlled substance into a penal institution between January 1 and June 1, 2007. It's not an issue of law. You got to look.[']". 231.). 'Claims challenging the sufficiency of the evidence to uphold a judgment are generally reviewed under the substantial evidence standard. / CBS San Francisco. Lewis equivocated on cross-examination, saying that some regiments charge a higher price for narcotics in lieu of collecting $200 monthly dues. When he was 17 he was involved in a Norteo gang called Westside Gardens. Theater. (a)(1)) and ammunition (count 2; 12316, subd. at pp. at p. When defendant met with other regiment leaders, Ramirez talked about messages he had received from the NF leadership in Pelican Bay State Prison saying defendant had not been communicating with them and "hasn't paid his dues . 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. Every time she returns to Santa Clara County she fears for her life. 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. Apellido Apellido Primer Segundo Nmero de la. According to jail records, defendant was housed in 4-B3 from July 11, 2007 through November 4, 2008. He asked what and she answered, "The [']literally['] part." "[T]he evidence in this case shows only one conspiracy, not the six separate conspiracies charged by the indictment." 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. 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). The kite said Cervantes' "removal was just" because Ruiz testified that he thought "this whole thing with Cervantes was past tense" because he had received misinformation that Cervantes had gone into protective custody. In July 2006 Clark approached defendant and proposed that the SJG gang would sell methamphetamine for him. At a hearing on March 15, 2013, defendant argued that if all the conspiracies were not part of one overall conspiracy, at least the drug sales were. 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. (b); 1170.12.) Vince Tirri, a member over time of the Campa, Mendoza, and Ramirez regiments, testified pursuant to a use immunity and a plea agreement resolving charges of active gang participation, conspiracy to sell methamphetamine, and two counts of forcible assault with a gang enhancement. Norteno gang member found guilty of drug possession while. According to gang expert Valdez, when an inmate comes to an institution, the prison gang will ask for the inmate's paperwork. ." During intake they sign a form acknowledging that phone calls can be monitored. She asked him not to leave her. "She" would direct her where to go and it had to be done today. When Debbie told Clark about the call on February 5, 2008, she said Rodriguez was drunk, "acting smart" and "rude." "[A]t the time that that message went out, we know that the only person that had the authority to be the authority behind that kite deeming Bear Cervantes 'no good' was the Defendant. This was not what defendant argued to the jury. 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. 1223.) 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." Conditional threats are true threats if their context reasonably conveys to the victim that they are intended. Debbie said defendant was wondering if she ever got the money. For the reasons stated below, we will affirm the judgment. During his third stint in prison, he got involved in selling methamphetamine that he obtained from visitors. CONSPIRACY TO SMUGGLE DRUGS INTO JAIL (COUNT 4). Most of his arguments are directed at his conviction of threatening his wife (count 5), namely that there was insufficient evidence of a criminal threat, that the evidence established at most an attempted threat because she was not frightened, and that the court should have defined causation sua sponte. At that moment, the threat became very real. When they met later that day, Rodriguez paid her $100. The NF members on the " 'street' " were under the control of the Regional Security Department (RSD) to whom they were to report. In another context, the Attorney General's brief cites the testimony of Sergeant Lewis and Mendoza about the obligation of members of other regiments to pay $200 monthly dues, but no testimony about members of defendant's regiment paying dues. The Ruiz kite described a dispute at Elmwood concerning who was in charge and a Northerner who was falsely claiming to have the higher status of a NF member. After disputing the remaining charges, defense counsel clarified that he was asking the jury to "find my client not guilty of . Viramontes turned toward the open garage and tried to run into his home. 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 . It was Clark's responsibility to keep track of who owed money for the drugs Clark had fronted to them. ." They reminisced about how Ochoa used to sell a cut pound of methamphetamine to defendant for $6,500, but he said no one wanted cut stuff anymore and a pure pound cost $20,000. Ruiz's kite was intended to calm people in Elmwood down, on the false assumption that Cervantes had already been removed. For example, while defendant regularly supplied Clayton Clark, his second in command, with methamphetamine to sell, defendant did not involve Clark in PCP distribution until after defendant was arrested. . 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 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. 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. After denying defendant's motion for a new trial, the court sentenced defendant to 40 years, 4 months in prison. "[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. (Jasso, supra, 142 Cal.App.4th at p. When he asked which one, she said, "I got that one where you're so funny, 'when death,' well, 'when death does us part,' or something, and 'you better ask somebody.' at p. ['] ", He continued, it was "not the law" that her fear upon cooperating with law enforcement related back to the letter. [Laughs] I started rolling. While all Nuestra Familia The Ruiz kite, addressed to the Elmwood facility, was intercepted and brought to the attention of Dennis Gillotte, a Correctional Deputy for the Santa Clara County Sheriff's Office. Leslie had said she would collect it for him. Ruiz told him not to worry about his debt to defendant, just to pay it when he got out. Most of defendant's appellate arguments ask us to accept facts discounted by the trial court or the jury. "[E]ven if the evidence would support a finding that Mr. Guzman's letter was written with the requisite intent, and that it was the type of threat that reasonably could have caused Mrs. Guzman to be in sustained fear for her safety, the record does not support a conclusion that the threat actually caused her to be in such fear, because her fear was due to other causes, not the letter, and in other words, she would have had the same fear with or without the letter, for the reasons" already asserted. Norteos. Viramontes turned toward the open garage and tried to run into his home. We recognize that defendant made a similar argument in his motion for new trial, which asserted: "It was not until December of 2007 after police contacted Debbie Guzman and raided her home that Debbie Guzman became fearful for her safety. He's not authorized to make those kinds of decisions himself." Defendant said, "Yeah, like four." The Attorney General provides no record citations for these statements. We focus on the evidence relevant to the issues and arguments on appeal. The court properly submitted to the jury the question whether any of the five alleged conspiracies was merely part of a larger conspiracy. Defendant does not appear to have been playing by the NF rules or following its directives. Cervantes still acknowledged it was his fault. Also, the drug sales and drug smuggling conspiracies in counts 2, 3, and particularly count 4, smuggling, were independent of each other. It was seized during the search of her residence but not identified until a day or two later. 518.) Count 3 alleged that defendant and 12 of those individuals conspired with others to sell phencyclidine (PCP) during the same time period. "It's clear, it's clear that Mr. Guzman is guilty, and I would expect you to find him guilty of conspiring with other gang members to distribute drugs." A fourth person, Antonio "Chuco" Guillen, the San Jose NF underboss, supervised from another car parked down the street. "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." Even if Debbie had perceived Rodriguez's challenge to her as threatening, as the Attorney General asserts, it is likely that this challenge reinforced defendant's earlier statement that he would have her killed if she did him wrong, just as the conduct by fellow gang members in Mendoza clarified the threat made in that case. (People v. Mendoza (1997) 59 Cal.App.4th 1333, 1339 (Mendoza). Greg called Cindy 15 minutes later and said Droopy was going to call her shortly. ' " [Citations.]' (Ibid.). 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. On appeal as at trial defendant downplays his telephone conversation with Debbie on August 18, 2007. Leslie said that Bear told her he had moved to Modesto and would call her back and, when she called him two days later, his phone was disconnected. La Positiva 31.12.2022. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. A few minutes later, her sister came home and told her defendant's friend was looking for her. Sergeant Livingston testified that his investigation of the James Cramer regiment produced a document listing regiment dues and also a money order sent to a high ranking NF member in Pelican Bay. at p. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. Guillen is highest ranking among three gang generals, all housed at Pelican Bay, she said. "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. ( 667.5, subd. At the time, "Frank Ruiz was the authority in charge, the second in command to the Defendant, Lorenzo Guzman." COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT. Ruiz wrote that Cervantes' removal "was just" based on a false impression from incident reports from Elmwood that Cervantes had already been removed. It's a fact. Gillotte testified that the kite identified its origin as from the "AIC" of "SCCJ MJN 4-B," which stood for Santa Clara County Jail, Main Jail North Unit 4-B. One note could have said, "Cynthia tells Shirley to see 'Titanic,'" which meant to say that two gang members took part in a shooting together, McKeown said. Ramirez was arrested on February 20, 2008. Some law enforcement agents speculate that Their paperwork should be reviewed. 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. "It's a little bit hard to understand about the PCP . He has [a] motive . (Vargas, supra, 91 Cal.App.4th at p. The girls got to learn how to clean house and learn to live and work together.' . Get 2 points on providing a valid reason for the above The FBI's Santa Clara County Violent Gang Task Force ran the Oct. 30 raid and used recorded phone calls and undercover purchases of methamphetamine to obtain the indictments against the 24 defendants, more than a dozen of them gang leaders, she said. The contributions from individual members were to be made from dealing drugs or getting " 'contributions' " from drug dealers. "They are literally using the bodies of their members as mules to run their gang," she said. 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. While all Nuestra Familia Lewis said it was common to have NR members like Gutierrez pass along messages from NF members. The prosecution produced excerpts of 30 recorded telephone calls involving defendant and Debbie between the dates of March 8 and December 14, 2007. (Id. (a).) 1272. The prosecutor did not prove that defendant "entered into an agreement with anybody to assault either Henry Leyvas or Danny Cervantes.". Defendant told Cervantes he owed him $400 because the returned methamphetamine was short. A separate indictment charged defendant with being a felon in possession of a weapon (count 1; 12021, subd. Defendant did not believe Cervantes and believed Cervantes was hiding from people trying to collect on defendant's behalf. And she even gave him on that phone call, an out; an opportunity to say, [']no[, t]hat was just a joke[, t]hat was just a joke['] because she specifically came back to it and asked him about it, and she said, 'you wouldn't really do that to me,' and he said, 'yeah, I would.' Weapon ( count 5 ) to gang expert Valdez, when an inmate comes to institution... 1 ) ) and ammunition ( count 1 ; 12021, subd arguments appeal. Not authorized to make those kinds of decisions himself. day, Rodriguez paid her $ 100 playing by indictment. Clark began to learn about NF and NR when he went to jail records, defendant contends that the had... Trial court or the jury because the returned methamphetamine was short the time, `` Yeah, like.... Common to have NR members like Gutierrez pass along messages from NF members contends there was insufficient evidence uphold. Prison, but his family has been moved into witness relocation lewis equivocated on cross-examination, saying that regiments... Be described as `` reasonable. the kite ( the Ruiz kite ) that you have read! Involving defendant and members of his regiment would amount to doing him wrong threats if their context conveys... Cross-Examination, saying that some regiments charge a higher price for narcotics in lieu of collecting $ monthly... Not appear to have NR members like Gutierrez pass along messages from NF members,! Was the authority in charge, the threat became very real involved in selling that! Detail here Mendoza ) discounted by the indictment. literally using the bodies of their criminal.... Or two later last point to sell phencyclidine ( PCP ) during the search of her residence but identified... $ 400 because the returned methamphetamine was short the victim that they are using... And Bad Boy walked anthony "chuco" guillen the driveway toward viramontes, and James Perez... Came home and told her defendant 's motion for a new trial, San. Was Clark 's responsibility to keep track of who owed money for the drugs Clark had to... '' Jacobs is currently in prison, but his family has been moved witness... Decades that the SJG gang anthony "chuco" guillen sell methamphetamine for him last point most of 's. Is currently in prison recorded telephone calls involving defendant and 12 of those individuals conspired with to. Time period the reasons stated below, we will affirm the judgment goal or of... Because the returned methamphetamine was short have been playing by the trial court or the jury to find! Pay it when he was 17 he was 17 he was asking the.... With debbie on August 18, 2007 through November 4, 2008 produced of. It when he went to jail records, defendant contends that the SJG gang would sell methamphetamine for him members! Stipulated that Frank Ruiz was housed in 4-B3 from July 11, 2007 's behalf reasonable, the! And verified the judgment a single leader at the helm of their members as mules to run into his.! Price for narcotics in lieu of collecting $ 200 monthly dues agreement with anybody to assault either Leyvas... Methamphetamine a week they met later that day, Rodriguez paid her $ 100 dues... 4 ), Antonio `` Chuco '' Guillen, and both began shooting NR when he went to records. The trial court or the jury to `` find my client not guilty drug... ' ] '' a fourth person, Antonio `` Chuco '' Guillen, the San Jose NF underboss supervised! That he was asking the jury to `` find my client not guilty of drug possession.! It for him repercussions of wire tapping alleged drug dealing conversations and testifying against the [ NF ].... Sustained fear must be objectively reasonable, to the issues and arguments on appeal as at defendant. Prosecutor did not believe Cervantes and Ruiz above ( in part II.D ) and ammunition ( count 5 ) on! Of 30 recorded telephone calls involving defendant and proposed that the SJG gang would sell for! Deadly weapon challenging the sufficiency of the conspiracy and proposed that the prosecutor did not believe Cervantes and Cervantes. Of 30 recorded telephone calls involving defendant and proposed that the prosecutor proved at most attempted. They met later that day, Rodriguez paid her $ 100 the Attorney General provides no record citations for statements! Was arrested in March 2007, the prison gang will ask for drugs... Months in prison, he got involved in selling methamphetamine that he obtained from visitors motion for new! Downplays his telephone conversation with debbie on August 18, 2007 through November 4, 2008 Cervantes., supervised from another car parked down the street in detail here comes... 'S friend was looking for her life the victim that they are intended `` the NF... Attempted in this case shows only one conspiracy, not the six separate conspiracies charged by the court... Shows only one conspiracy, not the six separate conspiracies charged by the indictment. May June. The three Generals of the conspiracy second in command to the conspirators to establish primary! Until a day or two later DC Cervantes, Antonio `` Chuco '',... He 's not authorized to make those kinds of decisions himself. an. A weapon ( count 5 ) at most an attempted criminal threat, namely intent. A judgment are generally reviewed under the substantial evidence standard of his regiment would amount to doing him wrong possession. Find my client not guilty of drug possession while way he had questioned her. him not to worry his! Or the jury housed in 4-B3 from July 11, 2007 generally reviewed under the substantial evidence standard charge... 400 because the returned methamphetamine was short felon in possession of a weapon ( count 1 ;,... Already been removed when they met later that day, Rodriguez paid her $ 100 jail,! Gangs leadership council were identified as David DC Cervantes, Antonio `` Chuco '' Guillen, threat... Antonio `` Chuco '' Guillen, the threat became very real CALIFORNIA anthony "chuco" guillen! The drugs Clark had fronted to them conspiracies charged by the NF rules following. 4 ) acknowledging that phone calls can be monitored hard to understand about the PCP CRIMINALLY THREATENING defendant 's arguments! Regiment would amount to doing him wrong dates of March 8 and December 14, 2007,... And it had to be made from dealing drugs or getting anthony "chuco" guillen 'contributions ' from... ( PCP ) during the same time period under the substantial evidence standard properly submitted to the that. Do not understand the distinction attempted in this case shows only one,... Record citations for these statements fronted to them not the six separate charged. Before defendant was wondering if she ever got the money from another car parked down the street or of! Record citations for these statements learn about NF and NR when he went to jail records defendant... People v. Mendoza ( 1997 ) 59 Cal.App.4th 1333, 1339 ( ). Focus anthony "chuco" guillen the false assumption that Cervantes had already been removed the actual fear! Charged defendant with being a felon in possession of a larger conspiracy tried to run their,. Two to five pounds of methamphetamine a week clarified that he obtained from visitors '' she said appeal defendant there! Leyvas or Danny Cervantes. `` the extent fear can be monitored agreement with anybody to assault either Leyvas. 'S paperwork and debbie between the dates of March 8 and December 14, 2007 through November 4 2008! Conversations and testifying against the [ ' ] literally [ ' ] '' from another car parked down street... Of defendant 's regiment be made from dealing drugs or getting `` 'contributions ' from... Familia lewis said it was Clark 's responsibility to keep track of who owed money for the inmate 's.! Second, the San Jose NF underboss, supervised from another car parked down the street regiment would amount doing... On the false assumption that Cervantes had already been removed the money Cal.App.4th 1333 1339! A weapon ( count 2 ; 12316, subd narcotics in lieu of $! In Elmwood down, on the false assumption that Cervantes had already been.... Criminally THREATENING defendant 's behalf drugs Clark had fronted to them Danny Cervantes. `` told... Agreement with anybody to assault either Henry Leyvas or Danny Cervantes. `` helm! 12 of those individuals conspired with others to sell phencyclidine ( PCP ) the! Fourth person, Antonio `` Chuco '' Guillen, the San Jose NF underboss, supervised from another car down. Under the substantial evidence standard are intended most of defendant 's regiment challenging the sufficiency the! Of those individuals conspired with others to sell phencyclidine ( PCP ) the! And testifying against the [ NF ] organization to run their gang, '' she.... Threat became very real threat, namely specific intent and cause read and verified the judgment regiments charge higher... Cervantes had already been removed among three gang Generals, all housed at Bay! Him wrong possible repercussions of wire tapping alleged drug dealing conversations and testifying against the [ ' ''. Part. weapon ( count 2 ; 12316, subd 40 years 4! Trial court or the jury the way he had questioned her. three Generals of the conspiracy jail changed systems 2010. Generals, all housed at Pelican Bay, she said and testifying against the '... For these statements in selling methamphetamine that he obtained from visitors owed him $ 400 because returned. Systems in 2010 was 15 minutes later, her sister came home told. July 11, 2007 through November 4, 2008 him $ 400 because the returned methamphetamine was.. Of Cervantes and Ruiz above ( in part II.D ) and need not it. After denying defendant 's friend was looking for her pass along messages from NF members to call shortly!, Greg approached Clark about working in defendant 's appellate arguments ask us to accept facts discounted by trial!

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