People v. Ramos CA5

Filed 4/14/16 P. v. Ramos CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F070133 Plaintiff and Respondent, (Super. Ct. No. BF154662A) v.

FRANKIE RAMOS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Thomas S. Clark, Judge. Kelly C. Martin, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Lewis A. Martinez and Gregory B. Wagner, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Franson, Acting P.J., Peña, J. and Smith, J.

A jury convicted appellant Frankie Ramos of possession of methamphetamine (count 1/Health & Saf. Code, § 11377, subd. (a)) and resisting arrest (count 2/Pen. Code, § 148, subd. (a)(1)).1 In a separate proceeding, the court found true three prior prison term enhancements (§ 667.5, subd. (b)) and allegations that Ramos had a prior conviction within the meaning of the three strikes law (§ 667, subds. (b)-(i)). On August 26, 2014, the court sentenced Ramos to an aggregate nine-year prison term consisting of the aggravated term of three years on his possession of methamphetamine conviction, doubled to six years because of Ramos’s strike conviction, three one-year prior prison term enhancements, and a concurrent one-year term on his resisting arrest conviction. On September 19, 2014, Ramos filed a timely appeal. On January 5, 2015, after granting Ramos’s petition for resentencing pursuant to section 1170.18, subdivision (f), the court recalled and vacated his sentence. The court then struck the prior strike conviction and the three prior prison term enhancements, reduced his possession of methamphetamine conviction to a misdemeanor, and sentenced him to one-year local time on his possession of methamphetamine conviction, which the court deemed to have been served in full. The court also placed Ramos on parole for one year. On appeal, Ramos contends the evidence is insufficient to sustain his conviction for possession of methamphetamine. We affirm. FACTS Kern County Sheriff’s Deputy Timothy Monsibais testified that on April 29, 2014, at approximately 11:45 p.m., he was on patrol with his partner Deputy Anthony Diehm when he saw Ramos riding a bicycle without a rear reflector. Ramos was riding