People v. Ramirez CA2/2

Filed 11/24/20 P. v. Ramirez CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B301432

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA145931) v.

JOSE LUIS RAMIREZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Patrick Connolly, Judge. Affirmed.

Janet Gusdorff, 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, Assistant Attorney General, Noah P. Hill and Nancy Lil Ladner, Deputy Attorneys General, for Plaintiff and Respondent.

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A jury convicted Jose Luis Ramirez (appellant) of murder (Pen. Code, § 187, subd. (a); count 1),1 arson of an inhabited dwelling (§ 451, subd. (b); count 2), and possession of a firearm by a felon (§ 29800, subd. (a)(1); count 3). As to count 1, the jury found that appellant committed murder in the first degree, and that he personally and intentionally discharged a handgun, causing great bodily injury, within the meaning of section 12022.53, subdivision (d). As to count 2, the jury found that appellant used an accelerant, an aggravating factor under section 451.1, subdivision (a)(5). The trial court sentenced appellant to serve 63 years to life in state prison. On appeal, appellant contends that the trial court erred when it denied his request to instruct the jury on voluntary manslaughter based on a heat-of-passion theory. We find no error and affirm. FACTS Prosecution Case Background After he was released from jail, appellant moved in with his father Jose Ramirez Ramos (Ramos), his mother Clementina Ramirez (Clementina), and two of his sisters, Giselle R. (Giselle) and Yesenia R. (Yesenia). At various times, appellant threatened his family members. Ramos testified that appellant used drugs, but Ramos did not know what kind. He wanted appellant to move out and unsuccessfully tried to get the police to take him to a