People v. Ragan CA3

Filed 7/19/16 P. v. Ragan CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Placer) ----

THE PEOPLE, C080548

Plaintiff and Respondent, (Super. Ct. No. 62073433A)

v.

DANIEL PHILLIP RAGAN,

Defendant and Appellant.

Defendant Daniel Phillip Ragan appeals from the trial court’s order denying his Penal Code1 section 1170.126 petition for resentencing on his convictions for maintaining a place for selling or using controlled substances and felon in possession of ammunition. He contends there is insufficient evidence that he was armed with a deadly

1 Undesignated statutory references are to the Penal Code.

1

weapon during the commission of those offenses to support the trial court’s finding that he was ineligible for resentencing. We affirm. BACKGROUND We take the facts of defendant’s crimes from our unpublished opinion affirming his conviction. Cameo James (Jodi), who by all accounts ran a drug house and was charged as a codefendant in this case, committed suicide after pleading guilty to the possession and sale of various drugs. Her teenage son, C. J., and various neighbors testified for the prosecution and presented compelling evidence that defendant either spearheaded the narcotics business or aided and abetted Jodi’s operation out of her house on Oakview Drive in Roseville. C. J. testified defendant lived with him and his mother for several months until a few days before a SWAT team descended on the house, confiscated drugs and weapons from throughout the house, and arrested his mother. He saw defendant with a .38-caliber handgun while defendant was living at the house. Jodi’s mother testified that on one occasion while defendant was living with her daughter, she went to visit. Although she saw Jodi’s car parked in the driveway, defendant would not allow her in the house. When she persisted, defendant told her to “get the hell off of that porch,” followed by a threat that if she did not leave, he had “a .38 that would make [her] leave.” She complied and did not report the incident to the police. None of the neighbors got to know defendant after he began living at the house in their otherwise “nice” and “quiet” neighborhood. Some observed a marked increase in the number of visitors who went to the house at all hours of the night and day. Several testified they recognized defendant because of the number of tattoos he had all over his body. Although they testified that his appearance had changed substantially by the time of trial, when shown a picture taken at the time of his arrest, they identified defendant and