Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. One was a more inclusive excerpt of a conversation on August 18. After denying defendant's motion for a new trial, the court sentenced defendant to 40 years, 4 months in prison. He's been deemed no good. After agreeing to cooperate with law enforcement, on January 16, 2008, Debbie recorded a telephone call she made to Leslie. El liderazgo restante de la organizacin en Pelican Bay consiste en Daniel Stork Prez, Anthony Chuco Guilln y George Puppet Franco. It ended, "Love you, always, your husband.". .". It was Clark's responsibility to keep track of who owed money for the drugs Clark had fronted to them. Defendant had also served prior prison terms for the possession offenses. In that case, tried in early 1997 (id. She said she wouldn't do that, and defendant asked if she was getting cold feet. Several members of defendant's regiment and other NF regiments were among those who testified about the operation of defendant's regiment. 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 has also cited other opinions discussing what might be called umbrella conspiracies involving the commission of several crimes. " ' "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." He continued to laugh. Code, 11379, subd. John Mendoza testified that a "bad news list" is a list of everyone who has been deemed no good. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. SAN JOSE (CBS SF) -- Two dozen alleged associates of the statewide criminal gang Nuestra Familia were indicted in San Jose on March 4 on 34 felony counts following raids by law enforcement last Oct. 30 in the South Bay and Modesto, according to the Santa Clara County District Attorney's Office. Clark said he was interested in hearing from Jack Ochoa and wanted him to call one of his "kids.". (Id. Frank Ruiz was housed in 4-B3 from July 11, 2007 through July 22, 2009. Actual cause is used in its ordinary sense in that instruction. It is the commander's responsibility to conduct an investigation before deeming a person no good. It would be against protocol to delegate that authority. Sergeant Lewis acknowledged that he had not encountered a regiment bank containing large amounts of money. 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." ['] Shut the hell up. Norteos. Mendoza observed that in the Northern gang hierarchy, the NF was the leadership with NR, the "soldiers," beneath them and unaffiliated Norteos beneath them. A. CONSPIRACIES TO SELL METHAMPHETAMINE (COUNT 2) AND PCP (COUNT 3). at pp. Resolution of conflicts and inconsistencies in the testimony is the exclusive province of the trier of fact. The scope of each conspiracy presented questions of fact and credibility for the jury to decide. According to jail records, defendant was housed in 4-B3 from July 11, 2007 through November 4, 2008. (People v. Young (2005) 34 Cal.4th 1149, 1181.)" The contributions from individual members were to be made from dealing drugs or getting " 'contributions' " from drug dealers. An agreement to commit a series of crimes incidental to a single objective may amount to but one conspiracy. (Id. In 1992 and 1993 she was convicted and imprisoned for possession of PCP. .". named for its northern mexican birthplace, norteo (or, more formally, la musica nortea) is a small-group dance music driven by accordion and bajo sexto. He said he would be paying her money for defendant. Clark testified that was a reference to selling four pounds of methamphetamine. (People v. Bernhardt (1963) 222 Cal.App.2d 567, 590-591; cf. 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 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." (c).). The prosecutor attached importance to this second post-letter conversation in argument to the jury. ." Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. 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. 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. California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). They haven't proven their case as to Henry Leyvas for sure because the conspiracy requires an actual agreement. Clark said "the black guy was just at my house." Sureo and white gangs also assault sex offenders. The kite also stated, " 'Also concerning Bear Cervantes. (Id. at p. ", Two of these three disputed counts involved conspiracies to assault two individuals with deadly weapons. In evidence was a December 22 telephone conversation in which Debbie and defendant each professed their love for the other. Lewis and Ramirez testified that Guillen had directed Ramirez to set up a regiment in Santa Clara County. All rights reserved. Ruiz conceded that it would violate gang rules to testify against a fellow gang member like defendant. For the same reason we will do the same for other individuals, such as defendant's brother Greg. .' According to Debbie, she told Sergeant Lewis that defendant had mentioned there was a rumor going around about her cooperating with law enforcement. 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. In fact, though Tirri said that he heard Cervantes was assaulted, Cervantes testified that he was never assaulted and that no one had tried to assault him. Defendant told Cervantes he owed him $400 because the returned methamphetamine was short. ", The jury in People v. Solis (2001) 90 Cal.App.4th 1002 (Solis) asked the very questions at the heart of defendant's arguments during deliberations about a criminal threat charge. I'm the guy who's in charge on that, and I wrote the kite, and I did it. If a person was deemed no good, a gang member would be obligated to remove that person with a weapon at the first opportunity. Mendoza described what he considered to be an indirect communication by Guillen to defendant. Copyright 2015 by CBS San Francisco and Bay City News Service. Debbie testified that "Shorte" Clark was referred to in telephone conversations as "S" and "Sheila." We're not contesting that." When he returned to custody in January 2008, he was told he needed to get to the fourth floor and he was housed in 4-B, where he met Frank Ruiz. Defendant does not elaborate on what that peculiar meaning is. Debbie said that defendant was eager to get the money. We do not understand the distinction attempted in this last point. As this court has said before, "a conspiracy can have multiple criminal objectives." 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. Jack Ochoa supplied defendant with "ice," methamphetamine. Whether the object of a single agreement is to commit one or many crimes, it is in either case the agreement which constitutes the crime. * Enter a valid Journal (must As we have rejected defendant's factual argument regarding the actual cause of Debbie's fear (in part III.B.1, ante), it follows that we have no basis for reducing his conviction to an attempted threat. ( 4573.). . Removals were always at the direction of gang superiors. While defendant laughed, she continued, "Ass kicking, you can ask somebody." Theater. As we will explain in part II.B, post, the conspiracy was actually to smuggle PCP and methamphetamine into the Santa Clara County Jail. On appeal defendant contends "the trial court should not have instructed the jury to determine whether there existed multiple conspiracies or one single conspiracy, but should simply have consolidated the conspiracy counts into one single count" as the defense had requested. September 1, 2010 / 9:38 AM / CBS San Francisco. at pp. 554.) His regiment sold more methamphetamine than PCP. (Ibid.). Debbie did not testify, contrary to defendant's appellate arguments, that she would have been as afraid of NF reprisals without his written threat. ", 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." However, this court rejected Vargas's contention, stating, "Assuming that more conspiracy counts could have been charged under the facts, the decision to charge defendant with only one conspiracy count was a prosecutorial charging discretion that we do not review. The prosecutor in our case acknowledged to the jury, "Obviously there was a delay because when she became real fearful from that threat from August 15th, until she began cooperating with law enforcement in December of 2007 . NF is a 'cold-hearted gang' that commits murders, burglaries, extortion, and other crimes, including selling drugs to raise money for its members." In a conversation on August 16, Debbie said, "I got youryour funny letter today." I'm going to have to stay gone. He also asserted, "the evidence suggests that the acts alleged in counts 2, 3, 4, 6, and 7 were all part of one big conspiracy to benefit, promote, and make money for the Nuestra Familia organization, and enforce gang rules and discipline." Defendant had also sent Carlos Roman to collect on the debt. Defendant sometimes brought her along when he picked up money and dropped off drugs. 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. 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