People v. Ramirez CA3

Filed 12/29/14 P. v. Ramirez CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE,

Plaintiff and Respondent, C075549

v. (Super. Ct. No. 13F04890)

RAYMOND MICHAEL RAMIREZ,

Defendant and Appellant.

Appointed counsel for defendant Raymond Michael Ramirez asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) After reviewing the entire record, we shall order correction of one minor error in the abstract of judgment and affirm the judgment. FACTUAL AND PROCEDURAL HISTORY Prosecution Case-in-Chief On July 31, 2013, 16-year-old Jasmine F. was at Hagan Park with her younger brothers. Jasmine saw a man and a woman, whom she assumed were a couple, arguing. They were approximately 40 feet from Jasmine when she saw them. Jasmine began moving away from the man and woman and looked away from them. When she looked

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back, she saw the man “beating” the woman. Using his fists, he threw 10 to 12 punches at her and knocked her to the ground. He struck “her face a lot” and struck her “a couple times in her stomach.”1 The man struck the woman two more times after she had fallen to the ground. Then the man fled and Jasmine lost sight of him. Jasmine went over to the woman and asked if she was okay. The woman told Jasmine she had fallen and had hit a tree. Jasmine had not seen the woman fall except the one time after the man had beaten her. Jasmine began to care for the injured woman. The woman told Jasmine, “Don’t say anything. Don’t say anything. I fell.” Jasmine borrowed a cellular telephone and called 911. Jasmine did not tell the 911 operator about the man beating the woman. Instead, she told the operator the woman had fallen. More than five minutes after the assault, while Jasmine was on the telephone with the 911 operator, the man who had beaten the woman returned and stayed with her. Jasmine told the operator the woman referred to the man who was with her as her husband. When the operator inquired of Jasmine about the woman’s age, the man said she was “24.” At trial, Jasmine identified the man who had beaten the woman as defendant. When emergency responders arrived on the scene, Jasmine spoke privately with one of them and told him everything that had happened. Then, when the police arrived at the scene, Jasmine told them everything she had witnessed. She observed a police officer speaking to the man who had beaten the woman.