People v. Ramirez CA2/8

Filed 7/15/14 P. v. Ramirez CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B252638

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA064990) v.

LAWRENCE RAMIREZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, William C. Ryan, Judge. Affirmed.

Ann Krausz, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Lawrence Ramirez appeals from the trial court’s denial of his petition for resentencing. Pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), appellant’s counsel filed an opening brief requesting that this court review the record and determine whether any arguable issues exist on appeal. We have reviewed the entire record and find no arguable issue. We affirm. FACTUAL AND PROCEDURAL BACKGROUND As required by People v. Kelly (2006) 40 Cal.4th 106, 124, we provide a brief description of the facts and procedural history of the case. In 2004, appellant was convicted of second degree robbery, possession of a firearm by a felon, possession of a concealed firearm in a vehicle, and two counts of misdemeanor child endangerment. (People v. Ramirez (Nov. 14, 2005) B176687.) The court found true allegations that he had suffered two prior serious felony convictions within the meaning of the “Three Strikes Law” (Pen. Code, §§ 667, subds. (b)-(i), 1170.12)1 and, on the robbery count, sentenced him to a third-strike prison term of 25 years to life, enhanced by 10 years for personal firearm use (§ 12022.53, subd. (b)) and 10 years for two prior serious felonies (§ 667, subd. (a)(1)).2 (People v. Ramirez, supra, B176687.) In 2005, we affirmed the judgment in the case. (Ibid.) On October 22, 2013, appellant filed a petition for resentencing under section 1170.126, citing his robbery conviction as the relevant third-strike offense. Under section 1170.126, an inmate serving an indeterminate term as a third-strike offender may be eligible for resentencing if the current felony that resulted in the third-strike sentence was not a serious or violent felony. (§§ 667.5, subd. (c), 1170.126, subds. (a), (b), 1192.7, subd. (c).) The inmate will be ineligible for resentencing if, among other things,