People v. Ramirez CA2/8

Filed 8/26/24 P. v. Ramirez CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

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). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B331677

Plaintiff and Respondent, Los Angeles County Super. Ct. No. BA376981 v.

MANUEL JUNIOR RAMIREZ,

Defendant and Appellant.

APPEAL from a post judgment order of the Superior Court of Los Angeles County, George G. Lomeli, Judge. Reversed. Athena Shudde, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Amanda V. Lopez and Gary A. Lieberman, Deputy Attorneys General, for Plaintiff and Respondent. ____________________

Manuel Junior Ramirez appeals the trial court’s denial of his petition for resentencing. Ramirez argues the trial court erred in denying his petition on the grounds that Ramirez was “the actual and known shooter,” when there was no factual basis for his plea in the record. The prosecutor concedes the trial court engaged in improper factfinding. We agree. Because the record does not conclusively establish that Ramirez is ineligible for resentencing, we reverse the trial court’s denial and remand for an evidentiary hearing. Statutory citations are to the Penal Code. In 2015, Ramirez pleaded no contest to attempted murder in violation of sections 664 and 187(a). He also admitted to violating section 12022.53(d) by personally using a firearm, and that he committed the crime for the benefit of, at the direction of, or in association with a criminal street gang, with the specific intent to promote, further, or assist in criminal conduct by its members, under section 186.22(b)(1)(c). Ramirez, through counsel, also stipulated to “a factual basis” for his plea. The court sentenced Ramirez to 29 years in prison. Ramirez filed a petition for resentencing under section 1170.95 (now section 1172.6). Section 1172.6 provides the mechanism by which defendants may seek the relief offered by Senate Bill 1437, effective January 1, 2019 (2017-2018 Reg. Sess.) (SB 1437.) (§ 1172.6, subd. (a).) SB 1437 “amend[s] the felony murder rule and the natural and probable consequences doctrine, as it relates to murder, to ensure that murder liability is not imposed on a person who is not the actual killer, did not act with intent to kill, or was not a major participant in the underlying felony who acted with reckless indifference to human life.” (Stats. 2018, ch. 1015, § 1, subd. (f).) Under Senate Bill 775