People v. Ramires-Lopez CA2/3

Filed 9/11/25 P. v. Ramires-Lopez CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B338951

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA437992) v.

REYNALDO RAMIRES-LOPEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Renee Korn, Judge. Affirmed. Cindy Brines, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Following a remand from this court, the trial court conducted a resentencing hearing and sentenced Reynaldo Ramires-Lopez to 30 years to life plus two years in state prison. Ramires-Lopez appealed. His counsel has asked us to conduct an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). We affirm. In 2022, a jury convicted Ramires-Lopez of second degree murder (Pen. Code, § 187, subd. (a); count 1)1 and assault with a deadly weapon (§ 245, subd. (a)(1); count 2). Following a court trial, the court found true that Ramires-Lopez had suffered a prior serious felony conviction. (§§ 667, subd. (d), 1170.12, subd. (b).) The trial court initially denied Ramires-Lopez’s Romero motion.2 But, as detailed in the prior appeal, the trial court subsequently declared its inclination to strike Ramires- Lopez’s prior strike as to count 2 only and to impose a consecutive determinate term of two years on that count. The prosecutor suggested the court might not have the authority to strike the prior strike as to only one of the two counts. Ramires-Lopez declined to stipulate that the trial court could impose the indicated sentence. Thus, the court sentenced him to state prison for 30 years to life on count 1 (15 years to life, doubled due to the prior strike), and a consecutive term of four years on count 2 (two years, doubled due to the prior strike). (People v. Ramires-Lopez (Dec. 14, 2023, B322299) [nonpub. opn.].) Ramires-Lopez appealed. On appeal, the People conceded that the trial court had the discretion to dismiss the prior strike as to count 2 only and we agreed. Because the trial court had