People v. Ramos CA2/3

Filed 2/20/14 P. v. Ramos CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B249460

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA078756) v.

EDWARDO RAMOS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Mark E. Windham, Judge. Affirmed.

Miriam K. Billington, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Defendant and appellant, Edwardo Ramos, appeals from the judgment entered following revocation of probation previously granted after his plea of no contest to possession of a firearm by a felon (former Pen. Code, § 12021, subd. (a)(1)) 1 and his admission he had served two prison terms within the meaning of section 667.5, subdivision (b). The trial court sentenced Ramos to 16 months in state prison. We affirm. FACTUAL AND PROCEDURAL BACKGROUND 1. Facts.2 At approximately 3:57 a.m. on September 17, 2011, Los Angeles County Deputy Sheriff Jeremiah Hooper and his partner were on patrol in the City of Hawthorne. The deputies had responded to a call regarding an assault with a deadly weapon, a firearm, when they observed a black 4Runner being driven south on Inglewood Avenue toward Imperial Highway. As the 4Runner and the driver, Ramos, matched the description of the vehicle and the suspect in the reported assault case, when Ramos, after committing numerous traffic violations, pulled into a gas station at 4755 Imperial Highway, the deputies followed him. The deputies stopped next to the 4Runner. Hooper, who had been sitting in the passenger seat of the patrol car, got out, approached Ramos, who was alone in the 4Runner, and decided to conduct a search of the vehicle. Ramos, who was on parole at the time, got out of the 4Runner, raised both his hands and said, “ ‘I quit.’ ” When Hooper then looked inside the car, he saw a gun under the front driver’s seat. Hooper removed the weapon, which was a loaded .45 caliber firearm. It was then determined that the car was registered to one Ofelia Ibarra. 2. Procedural history