People v. Ramos CA2/1

Filed 8/31/20 P. v. Ramos CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE OF THE STATE OF B298891 CALIFORNIA, (Los Angeles County Plaintiff and Respondent, Super. Ct. No. PA088513)

v.

MARTIN RAMOS,

Defendant and Appellant.

APPEAL from judgments of the Superior Court of Los Angeles County, Michael Terrell, Judge. Affirmed; remanded with directions. Randall Conner, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Paul M. Roadarmel, Jr., and Stephanie A. Miyoshi, Deputy Attorneys General, for Plaintiff and Respondent.

_____________________ Martin Ramos appeals from judgments of conviction for aiding and abetting in shooting at an occupied motor vehicle and assaulting the occupants of that vehicle. He contends (1) insufficient evidence supported the aiding and abetting finding, the sentence imposed multiple punishment for one criminal act, and (2) the court erred in calculating his custody credit. Respondent concedes the second and third points. We conclude sufficient evidence supported Ramos’s conviction on an aiding and abetting theory, and affirm the conviction but remand for resentencing. BACKGROUND On March 19, 2017, police detained Ramos, a member of the Brown Familia street gang, and Joshua Lopez, a member of the Lennox 13 street gang, and retrieved a replica semi- automatic handgun from Lopez. Both men wore hats bearing the letter “B.” On March 26, Christian Herrera, driving a pickup truck, picked up his cousin, Jose Herrera, at his house. Ramos, Lopez, and two women stood on the sidewalk near the house, with Lopez walking slowly back and forth across the street. As Christian and Jose started to drive away, Lopez and Ramos stared provocatively at Christian and Jose, and Lopez slowly crossed the street in front of them, right to left, forcing Christian to stop the truck. As he crossed, Lopez “threw up a gang sign” and gave Christian another hard stare. After the truck passed, Ramos and the women crossed to Lopez. From that side of the street, with Ramos approximately five feet behind Lopez, both stared provocatively at Christian and made gang gestures.