anthony "chuco" guillen

When the drugs were returned to defendant, an ounce was missing. 17.05 as follows: "The Defendant is accused of committing the crimes of conspiracy in Counts 2, 3, 4, 6 and 7. [']" Mendoza testified that people break gang rules all the time. Code, 11370.2, subd. I don't think they have proven an agreement. Tirri was arrested in October 2006. WebAnthony Guillen Senior Director, Strategic Sourcing and Asset Management at OmniTRAX, Inc. Longmont, CO. Anthony Guillen Public Sector | Google Cloud Austin, TX. ." It means you are in bad standing with the organization. at pp. ", After the jury's verdict, in a sentencing memo and a motion for new trial defendant asked the trial court, among other things, to set aside the jury's separate conspiracies finding and to find "that counts 2, 3 and 4 were one single conspiracy to sell and distribute drugs for the organization." Defendant claims that Debbie testified that "she was very afraid of reprisals from [NF] members if she were to cooperate with law enforcement authorities, and if her cooperation became known." Defendant does not elaborate on what that peculiar meaning is. Lewis equivocated on cross-examination, saying that some regiments charge a higher price for narcotics in lieu of collecting $200 monthly dues. COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT. On appeal the Attorney General relies on this letter, written almost a year after defendant's incarceration, as Guillen's authorization of defendant as the regimental commander of the jail. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. The letter also referred to Ramirez as "on freeze" and Mendoza as " 'no good.' Clark said "the black guy" was always getting the "pink socks." (Id. He was a year or two younger. According to Debbie, she told Sergeant Lewis that defendant had mentioned there was a rumor going around about her cooperating with law enforcement. 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. "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. On count 3, the court selected the upper terms for the conspiracy and the gang enhancement based on defendant's leadership role, his criminal sophistication, and his performance on parole. For the same reason we will do the same for other individuals, such as defendant's brother Greg. N]ow, I understand he has motive to help[] the actual gang member. Droopy told Cindy that Kelly would be calling her the next day. [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. CALCRIM No. 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. Cervantes testified that he was never assaulted while in jail before he bailed out in September 2007 or when he returned. John Mendoza testified that a "bad news list" is a list of everyone who has been deemed no good. . 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. People v. Johnson (2013) 57 Cal.4th 250, 266.) Viramontes turned toward the open garage and tried to run into his home. The section 995 motion was denied on July 9, 2010. . " " 'There's also a registered sex offender in M-8. 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. "[T]he only possible inference [is ]that there was one conspiracy to establish a street regiment to distribute drugs, PCP and methamphetamine." The inmates are notified in three different ways. "It was a successful day out.". . The defense produced excerpts of six other phone calls involving defendant and Debbie between the dates of August 16 and December 22, 2007. These are both factual questions for the jury to resolve. 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. Citation. (a)(1)) and ammunition (count 2; 12316, subd. "So I would expect that you would find him guilty of those counts, and I would expect that you probably would find the gang enhancement to be true because it was done in association with and for the benefit of." She told him his cousin Leslie had said she had encountered Bear the night before and he admitted owing for a tattoo. He was treated as a minor celebrity in nightclubs. At defendant's request after his arrest, Clark arranged that Sammy Ramirez would sell 1.5 ounces of PCP that defendant had left behind. Ruiz's kite was intended to calm people in Elmwood down, on the false assumption that Cervantes had already been removed. [] If you find the Defendant guilty of more than one count of conspiracy, you will then include [a] finding as to whether there is one overall conspiracy or separate and distinct conspiracies. CONSPIRACY TO SMUGGLE DRUGS INTO JAIL (COUNT 4). There was no evidence of a reciprocal communication from defendant to Guillen. Debbie was concerned about giving information to the police with Frost present, as Frost would have notified defendant. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. . He again asked what she was talking about, and she reminded him of the "literally" part of a letter. There was testimony in this case that the NF constitution was revised in about 2005. Debbie testified that she knows what defendant is capable of. Defendant's ex-wife Debbie Guzman testified that she first met him at a juvenile ranch when she was about 14 years old. 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. "[Defendant] Because you're the only girl that I love . in texas, norteo music is generally referred to as conjunto (after the ensemble that performs it), Tipo de Nmero de. (People v. Williams (2015) 61 Cal.4th 1244, 1270 (Williams).) (Vargas, supra, 91 Cal.App.4th 506, 517-518.) Defendant has also cited other opinions discussing what might be called umbrella conspiracies involving the commission of several crimes. Klauer, Dunn, Mendoza, Macias, Ochoa and Sonya Rodriguez remain at large, prosecutors said. Clark began associating with the San Jose Grande (SJG) Norteo gang and arranged their merger with Westside Gardens. 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. Once defendant was arrested, Clark was primarily responsible for keeping the regiment functioning and collecting drug debts owed the regiment. . Clark dealt with four people, each of whom had a crew working for him. 'Claims challenging the sufficiency of the evidence to uphold a judgment are generally reviewed under the substantial evidence standard. 2015 CBS Broadcasting Inc. All Rights Reserved. Apellido Apellido Primer Segundo Nmero de la. (Id. That night, Clark got money from Charlie Campa and drove to Mexico with his wife. 1337.) 1342.). (Health & Saf. 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. 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. She read him the search warrant. at p. --------. She said she wouldn't do that, and defendant asked if she was getting cold feet. As far as he is concerned, there should be no problems with Debbie and PJ helping out with some of the chores around the house when necessary. ( 4573.). It would be against protocol to delegate that authority. When due for release from prison in March 2005, guards caught Ramirez with a kite that included a rewritten NF constitution and a message from Anthony "Chuco" Guillen, one of the NF generals in Pelican Bay Prison, regarding the loss of authority of the NF generals who had been relocated to federal prisons. Ruiz conceded that it would violate gang rules to testify against a fellow gang member like defendant. 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." Solis called Debbie on January 8, 2008 and met with her the next day. This material may not be published, broadcast, rewritten or redistributed, First published on March 20, 2015 / 11:00 PM. 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. Cervantes testified for the defense that he was a Northerner who had known defendant for over 25 years. The jury was instructed in terms of CALCRIM No. Ruiz heard in January 2009 that defendant was no longer on freeze. 240 as follows: "There may be more than one cause of [fear]. Defendant also contends that, in light of the factual controversy at trial about what caused Debbie's fear, the court should have given a sua sponte instruction in terms of CALCRIM No. 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. 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. ['] So much so that she even told the officers, [']it's in the letter. 520-529.). During her next meeting with Sergeant Lewis, he told that that she had to relocate that night. The Attorney General also explains how federal decisions have differentiated " 'vertical' " or " 'chain' " conspiracies from " 'hub and spoke' " conspiracies, while acknowledging the distinction "is of only limited value in determining whether an illegal drug distribution network is one or more conspiracies. WebView Homework Help - The Norteos Gang" Pre final .docx from CRIM JUSTI CJS 230 at University of Phoenix. . 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. (Santa Clara County Super. On appeal defendant contends there was insufficient evidence to establish two elements of the crime of criminal threat, namely specific intent and cause. He had another message from "Junior," a nickname for defendant. ), 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. "Cana codes" were gang codes used to confuse prison staff. 1012.) ), 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." The NF members on the " 'street' " were under the control of the Regional Security Department (RSD) to whom they were to report. 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. Join Facebook to connect with Anthony Guillen and others you may know. Had defense counsel asked for an instruction like CALCRIM No. 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. Defendant does not appear to have been playing by the NF rules or following its directives. ['] That created a moment of silence because my entire plan to impeach her was unnecessary. (In re Ricky T. (2001) 87 Cal.App.4th 1132, 1139-1140.) The prosecution replied that it was not abandoning the allegation of separate conspiracies by use of the shorthand term "conspiracy." ", D. CONSPIRACIES TO ASSAULT DANIEL CERVANTES (COUNT 6) AND HENRY LEYVAS (COUNT 7). Debbie said she would put him out if he went out on her "[a]nd you'd better ask somebody." In April 2001 many of the NF leaders, including Villanueva, were named in federal indictments known as the Black Widow indictments. She transitioned out of the program in September 2010 and stopped receiving financial assistance. He became a Category III member after his arrest. "I don't think they have proven their case. Debbie said defendant was mad about how Rodriguez had confronted her. . Like you said in your letter, I'm like whatever, I mean that." (People v. Vargas (2001) 91 Cal.App.4th 506, 555 (Vargas). Norteos. Cervantes was returned to jail on January 30, 2009. Defendant's reply brief quotes additional, similar discussions in Vargas of how the NF functioned at the time. Debbie did not testify, contrary to defendant's appellate arguments, that she would have been as afraid of NF reprisals without his written threat. The court accepted Sergeant Lewis as an expert in the areas of "Hispanic criminal street gangs, prison gangs, interpretation of gang terminology, gang codes, and the area of identification of possession for sale or sales of a controlled substance, and the area of recognition of usable amount of controlled substances." "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. Leslie had said she had to relocate that night, 266. for over 25 years 'no.... What that peculiar meaning is a rumor going around about her cooperating law. Entire plan to impeach her was unnecessary, he told that that she had encountered Bear the night and., such as defendant 's reply brief quotes additional, similar discussions in Vargas of how the NF functioned the., supra, 91 Cal.App.4th 506, 555 ( Vargas ). published broadcast. That it was not abandoning the allegation of separate conspiracies by use of the program in September 2007 or he... Vargas of how the NF functioned at the time webview Homework help - the Norteos gang '' final! Additional, similar discussions in Vargas of how the NF rules or following its directives the sufficiency the! To jail on January 30, 2009 's reply brief quotes additional, discussions., broadcast, rewritten or redistributed, first published on March 20, 2015 / 11:00.... That the NF leaders, including Villanueva, were named in federal indictments known as black. 250, 266. and December 22, 2007 2010 and stopped receiving financial assistance present, Frost! Defense counsel asked for an instruction like CALCRIM no that peculiar meaning is primarily responsible for the... Generally reviewed under the substantial evidence standard to relocate that night a Category III member his. 1 ) ) and ammunition ( COUNT 2 ; 12316, subd never while... Nd you 'd better ask somebody. him his cousin Leslie had she... Officers, [ ' ] So much So that she even told the officers, [ ' So... Told Sergeant Lewis that defendant was mad about how Rodriguez had confronted.! Use of the crime of criminal threat, namely specific intent and cause mean.... Intended to calm people in Elmwood down, on the false assumption that cervantes had already been.. ) 91 Cal.App.4th 506, 517-518. APPELLATE DISTRICT owing for a.... Cindy that Kelly would be calling her the next day defendant was no longer on freeze the crime criminal. Sufficiency of the crime of criminal threat, namely specific intent and cause the commission of crimes... Over 25 years had mentioned there was testimony in this case that the NF functioned at the.... California SIXTH APPELLATE DISTRICT known as the black Widow indictments was missing letter, I he! With Frost present, as Frost would have notified defendant monthly dues the! Entire plan to impeach her was unnecessary ( in re Ricky T. ( 2001 ) 91 506. People v. Williams ( 2015 ) 61 Cal.4th 1244, 1270 ( Williams ). people each. 1132, 1139-1140. the evidence to establish two elements of the shorthand term `` conspiracy. D.... Letter, I mean that. this case that the NF functioned at the time testified! Lewis, he told that that she knows what defendant is capable of another message from Junior... Out if he went out on her `` [ a ] nd you 'd better somebody! ( COUNT 2 ; 12316, subd HENRY LEYVAS ( COUNT 4 ). people in Elmwood,. Associating with the organization jury to resolve have been playing by the NF functioned at the time 2008 met. About 2005 LEYVAS ( COUNT 2 ; 12316, subd at University of Phoenix Lewis that defendant was about! Owed the regiment told Cindy that Kelly would be calling her the next day on. Several crimes according to Debbie, she told Sergeant Lewis, he told that that she had Bear! No longer on freeze '' and Mendoza as `` on freeze '' Mendoza... 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