People v. Ramirez CA2/4

California Court of Appeal Apr 25, 2025 No. B336525Unpublished

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Holding. The court held that while the trial court erred in denying the resentencing petition based solely on the date of the plea, the petitioner failed to make a prima facie showing under the standard set in People v. Patton; the case is remanded to allow the petitioner to file an amended petition.

Issues

Whether the trial court erred in denying a Penal Code section 1172.6 petition based on the date of the plea.
Whether the petitioner made a sufficient prima facie showing for resentencing under the standard established in People v. Patton.
Whether the abstract of judgment requires correction to accurately reflect the conviction.

Disposition. Remanded in part and Affirmed in part.

Quotations verified verbatim against the opinion

“we conclude the trial court erred by denying Remirez’s petition based solely on the date of his plea.”

“a petitioner who offers only conclusory allegations of entitlement to relief under section 1172.6, in response to a record of conviction that demonstrates the petitioner’s conviction was under a still-valid theory, has not, thereby, made a prima facie showing.”

“we remand the matter to the trial court with directions for that court to consider an amended petition should Ramirez, within 30 days of that remand, seek to file one.”

Filed 4/25/25 P. v. Ramirez CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B336525 (Los Angeles County Plaintiff and Respondent, Super. Ct. No. TA148786)

JOSE FRANCISCO RAMIREZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Sean D. Coen, Judge. Remanded in part and Affirmed in part. 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, Stephanie C. Brenan, Supervising Deputy Attorney General, and Allison H. Chung, Deputy Attorney General, for Plaintiff and Respondent.

INTRODUCTION In 2021, defendant and appellant Jose Francisco Ramirez pled no contest to attempted murder and admitted to personally using a firearm in the commission of the crime. In 2022, Ramirez filed a petition for resentencing under Penal Code section 1172.6.1 The trial court ultimately denied the petition for failing to establish a prima facie showing. On appeal, Ramirez challenges the trial court’s order and requests a correction in the abstract of judgment to properly reflect his plea. The Attorney General agrees with the correction but disputes Ramirez made a prima facie showing under section 1172.6. We affirm the trial court’s order but remand the matter to the trial court to permit Ramirez to amend his petition.

FACTUAL AND PROCEDURAL BACKGROUND2 I. Plea On August 25, 2020, the Los Angeles County District Attorney’s Office filed an information charging Ramirez and his two codefendants (Isaiah Horton and Rosalynn Rollins) with kidnapping during the commission of carjacking (§ 209.5, subd. (a), count 1), kidnapping to commit another crime (§ 209, subd. (b)(1), count 2), and carjacking (§ 215, subd. (a), count 3). As to counts 1 through 3, it was further alleged a principal was armed with a firearm in the commission of those offenses (§ 12022, subd. (a)(1)). In the same information, Ramirez was also charged with attempted willful, deliberate, and premeditated attempted murder (§§ 664/187, subd. (a), count

People v. Ramirez CA2/4

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

JOSE FRANCISCO RAMIREZ,

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