People v. Ramirez CA1/5

Filed 12/4/24 P. v. Ramirez CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, A170113 Plaintiff and Respondent, v. (Napa County Super. Ct. No. 22CR000586) JESUS RAMIREZ, Defendant and Appellant.

MEMORANDUM OPINION1 Defendant Jesus Ramirez appeals from a judgment following his plea of no contest to a felony—possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1))2—and two misdemeanors—participation in a criminal street gang (§ 186.22, subd. (a)) and assault and battery (§ 242). The trial court suspended imposition of sentence and placed Ramirez on formal probation for two years under various terms and conditions, including that he serve 90 days in jail. The court subsequently denied his request to modify his probation by allowing him to serve his jail sentence through an electronic

1 We resolve this case by memorandum opinion because it raises no

substantial issue of fact or law. (Cal. Stds. Jud. Admin., § 8.1.) 2 All further statutory references are to the Penal Code.

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home monitoring program. Ramirez’s appointed counsel on appeal filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Having conducted an independent review of the record pursuant to the holding in that case, we affirm. On September 12, 2022, an information was filed, charging Ramirez with seven felonies: (1) participation in a criminal street gang (§ 186.22, subd. (a); count 1); (2) possession of a concealed firearm by a gang member (§ 25400, subd. (c)(3); count 2); (3) possession of a concealed firearm by a vehicle occupant (§ 25400, subd. (a)(3); count 3); (4) possession of a concealed firearm on his person (§ 25400, subd. (a)(2); count 4); (5) carrying a loaded firearm by a gang member (§ 25850, subd. (c)(3); count 5); (6) possession of a firearm by a felon (§ 29800, subd. (a)(1); count 6); and (7) possession of ammunition by a prohibited person (§ 30305, subd. (a); count 7). The information also charged Ramirez with misdemeanor assault and battery (§ 242; count 8). Finally, the information included a special street terrorism allegation as to counts 2 through 7. (§ 186.22, subd. (b)(1)(a).) Ramirez initially pled not guilty to all counts and denied the special allegation. He then filed a motion to set aside the information pursuant to section 995, which the trial court denied. On November 1, 2023, pursuant to a negotiated plea agreement, Ramirez pled no contest to counts 1, 6, and 8. As part of the plea agreement, the court reduced count 1 from a felony to a misdemeanor under section 17, subdivision (b) and dismissed the remaining counts. Ramirez waived his right to an appeal. On February 8, 2024, the trial court sentenced Ramirez by suspending imposition of sentence and placing him on formal probation for two years