People v. Ramos CA5

Filed 4/23/25 P. v. Ramos CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F087195 Plaintiff and Respondent, (Super. Ct. No. BF172121A) v.

FRANKIE DUQUE RAMOS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Charles R. Brehmer, Judge. Diane E. Berley, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Kimberley A. Donohue, Assistant Attorney General, Eric L. Christoffersen and Dina Petrushenko, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Levy, J. and Meehan, J.

INTRODUCTION Defendant Frankie Duque Ramos entered an illegal gaming business with three other gang members and robbed the business at gunpoint. While fleeing, the four robbers shot at the security guard and wounded him in the leg. After defendant’s trial, the Legislature substantially amended the statutes applicable to gang enhancements and sentencing. The parties agreed that the gang enhancements should be reversed, and we remanded to the trial court for further proceedings. (People v. Ramos (June 14, 2023, F082502) [nonpub. opn.].) On remand, the prosecution elected not to retry the gang enhancements, and the trial court resentenced defendant. Defendant argues that the trial court erred in sentencing him to a prison term of 25 years to life pursuant to Penal Code section 12022.53, subdivision (d)1 because that section is not applicable to his crimes of attempted murder and second degree robbery. We affirm. PROCEDURAL BACKGROUND2 On September 25, 2020, a jury convicted defendant of attempted murder (§§ 187, 664; count 1), second degree robbery (§ 212.5, subd. (c); count 2), assault with a firearm (§ 245, subd. (a)(2); count 3), conspiracy to commit robbery and assault with a firearm (§§ 182, subd. (a)(1), 212.5, subd. (c), 245, subd. (a)(2); count 5), and unlawful possession of a firearm by a felon (§ 29800, subd. (a)(1); count 6).3 The jury also found true enhancements that defendant committed the crimes to benefit a criminal street gang (former § 186.22, subd. (b)(1)) as to all counts; personally used a firearm (§ 12022.53, subd. (b)), personally discharged a firearm (§ 12022.53, subd. (c)) causing great bodily