People v. Ramirez CA2/8

Filed 12/21/20 P. v. Ramirez CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B304662

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA389823) v.

ERIC FRANCISCO RAMIREZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, William C. Ryan, Judge. Affirmed. Jonathan E. Demson, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Noah P. Hill and Heidi Salerno, Deputy Attorneys General, for Plaintiff and Respondent. ____________________

Eric Francisco Ramirez appeals an order denying his petition for resentencing pursuant to Penal Code section 1170.95 (Stats. 2018, ch. 1015, § 4). The trial court properly denied his petition because that law does not apply to the crime of voluntary manslaughter. All undesignated statutory references are to the Penal Code. An information charged Ramirez with murder (§ 187, subd. (a)). The record does not include facts about the underlying crime nor does it reveal the prosecution’s theory of guilt. In 2014, Ramirez pleaded no contest to voluntary manslaughter (§ 192, subd. (a)), admitted he personally discharged a firearm (§ 12022.53, subd. (b)), and admitted a gang allegation (§ 186.22, subd. (b)(1)(C)). Pursuant to the deal, the court dismissed the murder count. The court sentenced Ramirez to 31 years in state prison. Effective January 1, 2019, Senate Bill No. 1437 (2017–2018 Reg. Sess.) (SB 1437) amended the felony-murder rule and natural and probable consequences doctrine for murder. (Stats. 2018, ch. 1015, § 1(f).) SB 1437 added section 1170.95, which specifies a procedure for those with convictions for felony murder or murder under the natural and probable consequences theory to petition the sentencing court to vacate their convictions and to resentence them on any remaining counts. (§ 1170.95, subd. (a).) The petitioner must have a first degree or second degree murder conviction following a trial or must have accepted a plea offer in lieu of a trial at which the petitioner could have received a conviction for first degree or second degree murder. (Stats. 2018, ch. 1015, § 4.)