In case of any confusion, feel free to reach out to us.Leave your message here. The statute imposes two requirements on the proof of a threat victim's fear. ." A. CONSPIRACIES TO SELL METHAMPHETAMINE (COUNT 2) AND PCP (COUNT 3). In the other two were Frank Ruiz and Marco Abundiz. " [Citations.] 1338.) November 26, Lewis offered her witness relocation and no charges for her cooperation. (Id. Defendant told Tirri all about Cervantes. Even if each gang member had uniformly testified that the gang controlled all his thoughts and actions and those of other NF members, the jury would not have been required to believe them. . It was a specific threat to have her killed. He asked why she had not disclosed that the police had searched her house. Sammy Ramirez testified that every member in his regiment had to pay $200 a month whether Ramirez provided them with drugs or not. Solis called Debbie on January 8, 2008 and met with her the next day. Documento de Documento de. 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. Pursuant to a use immunity and a plea agreement described below (in part II.D.1), Vince Tirri testified that when he served as second-in-command of Ramirez's regiment, one of his duties was collecting monthly dues. (a), subds. Sammy Ramirez testified pursuant to an immunity agreement and a plea agreement dated June 17, 2012 resolving charges arising from the criminal activities of his regiment, including conspiring to sell methamphetamine and PCP, active gang participation, assault involving a deadly weapon or force, and extortion. He spent time in two other units in Elmwood before being released from custody on September 21, 2008. Defendant was similarly the authority for Ruiz's kite identifying Leyvas as a target for removal, even if NF policy allowed the removal of a sex offender without a regimental commander's prior written approval, as defendant suggests. In 2008, Ruiz became the authority in charge of the jail for the NF and "Calpolli" was his "Cana" code. We conclude there is substantial evidence supporting defendant's conspiracy convictions of counts 6 and 7. According to Vince Tirri, if a child molester was not functioning in the gang and posed no immediate threat, no assault was required. (Id. Defendant had never discussed Cervantes with him. 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. That day Debbie went to the office of the investigators and agreed to cooperate. 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. . 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." Antonio Guillen was not a witness, though he was described by several witnesses. Defendant's record citations do not support this statement. Two of those conspiracies involved defendant establishing a NF "regiment" in Santa Clara County beginning April 25, 2002. 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. He holds important positions in 17 different companies. The prosecution responded that some former codefendants just sold methamphetamine, while others just sold PCP, and yet others sold both, so there was evidence of different conspiracies and separate and distinct violations of different statutes. 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. "[T]he only possible inference [is ]that there was one conspiracy to establish a street regiment to distribute drugs, PCP and methamphetamine." According to Sergeant Lewis, Officer Gillotte, John Mendoza, Sammy Ramirez, and Vince Tirri, "only the regimental commander has the authority to order removals in the county jail, and they must conduct an investigation before that order is given." In evidence were eight recorded calls involving defendant and Clark between March 16 and July 2, 2007. Greg said he wanted some for himself. On February 19 Debbie had a recorded telephone conversation with Jack Ochoa. 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 . As a teenager he was involved with Norteo street gangs. An act causes [fear], only if it is a substantial factor in causing the [fear]. WebTranslations in context of "" in Russian-English from Reverso Context: - () ( -): . While the second conversation was cryptic, probably due partly to their awareness it was being recorded, she posited that he "would not" do that to her. Once defendant was arrested, Clark was primarily responsible for keeping the regiment functioning and collecting drug debts owed the regiment. COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT. Before his incarceration in 2007, he sold methamphetamine and PCP. Her fear of something happening to her or her son would not end with the end of defendant's trial. The indictment charged that defendant conspired to assault Leyvas between January 22 and October 7, 2008 and Cervantes between May 1, 2008 and April 23, 2009 (the date of the indictment). The letter also referred to Ramirez as "on freeze" and Mendoza as " 'no good.' They have to know exactly what it is. (Mendoza, supra, 59 Cal.App.4th at p. Before defendant was arrested in March 2007, the regiment was selling from two to five pounds of methamphetamine a week. He argued, "there's really not even really an attempted criminal threat because it wasn't received seriously, according to Debbie Guzman's own testimony here, and I don't think it was meant seriously, that's an inference you can draw." La Positiva 31.12.2022. He was housed in Main Jail North 4-B1 and then 4-B3, a single cell, until February 27, 2009. " ' "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." [] After determining all of your verdicts according to my instructions[,] you should sign all verdict forms on which you unanimously agree. Defendant asserts that the third one is most comparable to his case. A separate indictment charged defendant with being a felon in possession of a weapon (count 1; 12021, subd. Immediate means the degree of seriousness and imminence which is understood by the victim to attach to the future prospect of the threat being carried out should the condition not be met." I don't think they have proven an agreement. He did not deal directly with defendant because he heard defendant "was really hot.". Theater. While all Nuestra Familia The gang's incarcerated leaders order the state's Norteno members to commit violent street crimes, from murders to assaults, robberies, burglaries, illegal drug sales and witness intimidation using kites at times smuggled in the rectums of gangsters who violate their parole in order to gain temporary entry to county jail, she said. Suffice it to say that the jury had reason to disbelieve each one of them. (People v. Falck (1997) 52 Cal.App.4th 287, 299.) The singer and actor opened up to Teen Vogue about how the blockbuster hit She could not keep track of the gang codes when she was high on PCP so it seemed he was always yelling at her. According to Correctional Deputy James Kirkland of the Sheriff's Office, all telephone calls from the Santa Clara County Jail are recorded, except for calls going to lawyers and the clergy. ". 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.' Dreamer and Bad Boy walked up the driveway toward Viramontes, and both began shooting. 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. Instead, what defense counsel argued was: "when she got up on that witness stand and was asked about that letter, and she said, [']well, to tell you the truth,['] or words to that effect, [']I really [didn't] take it seriously at the time. He received two ounces of PCP from Mario Cisneros every seven to 10 days. ( 186.22, subd. 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 instruction purportedly requested by defendant and refused by the court does not appear in the record on appeal. According to jail records, defendant was housed in 4-B3 from July 11, 2007 through November 4, 2008. ), Mendoza, supra, 59 Cal.App.4th 1333 illustrates that actions by others can also make a threat real after it is uttered. . contains alphabet). WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Cindy told defendant that Greg was going to talk to Pookie. Defendant had fronted a quarter-pound, four ounces of methamphetamine to Cervantes. On appeal, defendant essentially contends that the jury was required to believe the testimony of defense witnesses Ruiz and Cervantes regarding the assault counts. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. He was on parole when they met. One was a more inclusive excerpt of a conversation on August 18. Rodriguez backed off a little, according to Lewis, who had listened to a recording of the call. Before confirming, please ensure that you have thoroughly read and verified the judgment. 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. Unspecified section references are to the Penal Code. . Cervantes admitted that he would not testify against defendant due to fear of retaliation and that he had received defendant's written permission to testify. Roman said he had not touched it. ' " [Citations.]' . WebQuin es el lder de los norteos? ." Defendant initially called Debbie. Defendant occasionally fronted him drugs, though Cervantes was not functioning as part of a regiment. Accordingly, we conclude it is not reasonably probable that the verdict would have been more favorable to defendant had the court given such a clarifying instruction. But over a period of time when he was out on the streets, he was just distributing drugs, primarily methamphetamine. Tipo de Nmero de. According to Mendoza, that obligation existed for all regiments throughout Northern California. At the close of evidence, defendant argued to the jury that the phone calls containing no threats by him, such as their initial laughter-filled discussion of his letter and his later phone conversations with Debbie in December 2007 about other topics such as the search of their residence, were more emblematic of his feelings and intent. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. In any event, we do not understand how defendant could have been prejudiced by the omission of such an instruction. Cervantes still acknowledged it was his fault. She said she wouldn't do that, and defendant asked if she was getting cold feet. [] 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. The prosecutor did not argue that defendant was communicating with Guillen, paying dues, or putting money in a NF bank, and for good reason. Their paperwork should be reviewed. (Vargas, supra, 91 Cal.App.4th 506, 517-518.) Defendant disputes this characterization. "Frank Ruiz said, ['] well, I was running this as the overall authority. Gutierrez called Vanessa a third time at 3:45 p.m. The inmates are notified in three different ways. Debbie did not testify, contrary to defendant's appellate arguments, that she would have been as afraid of NF reprisals without his written threat. Sergeant Lewis, Sergeant Livingston, and Correctional Officer Valdez testified at p. 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. An agreement to commit a series of crimes incidental to a single objective may amount to but one conspiracy. A Sureo gang member who was the ex-husband of Clark's wife and an ally confronted Clark at home that evening. While all Nuestra Familia An immediate ability to carry out the threat is not required.". 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