People v. Ortiz CA2/8

Filed 10/28/24 P. v. Ortiz CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B329118

Plaintiff and Respondent, Los Angeles County Super. Ct. No. LA069901 v.

EVIN ADONIS ORTIZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Gregory A. Dohi, Judge. Reversed and remanded with instructions. Eric R. Larson, 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, Assistant Attorney General, and Idan Ivri Deputy and Yun K. Lee, Deputy Attorneys General, for Plaintiff and Respondent. ____________________

After a jury convicted Evin Ortiz of first degree murder, premeditated attempted murder, and second degree robbery, the trial court sentenced him to life without parole. Pursuant to a section 1172.6 petition, the trial court later resentenced Ortiz to five years based on two second degree robbery charges. Ortiz appeals, arguing the trial court erred in sentencing him to two robbery charges instead of one. We agree and reverse for the trial court to vacate the second robbery charge and resentence Ortiz accordingly. Citations are to the Penal Code. I We recount the underlying facts briefly. Our previous opinion People v. Ortiz (2016) B257413, 2016 WL 1178972 [nonpub. opn.] gives details. A Ortiz and two confederates, Rene Ramirez and Edwin Bonilla, saw 68-year-old Manuel Flores at a swap meet. The three men followed Flores to his home in Ortiz’s girlfriend’s car and parked around the corner. The three accosted Flores in his driveway. Ramirez grabbed a gold chain from Flores’s neck. Bonilla took Flores’s keys and wallet. The three began to leave. Flores yelled, “Help me. They are stealing from me.” Ramirez turned back to Flores and shot at him, missing and striking a gate post before running after the other two men. Flores’s grandson, Danilo Morales, came running out of the house and chased the three. Bonilla got in the driver’s seat, while Ortiz got in the front passenger seat. Ramirez got in the driver’s side back seat. As the car began to move, Morales caught up and pounded on the car’s back window. Ramirez shot again, hitting Morales in the forehead and killing him.