People v. Ramirez CA2/2

Filed 12/14/21 P. v. Ramirez CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B308809

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA071730) v.

ISRAEL RAMIREZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Richard M. Goul, Judge. Reversed and remanded with directions.

Julie Caleca, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Idan Ivri and Allison H. Chung, Deputy Attorneys General, for Plaintiff and Respondent. ______________________________

In 2009, defendant and appellant Israel Ramirez was convicted by a jury of first degree murder (Pen. Code, § 187, subd. (a)),1 finding true the allegation that he personally used a knife in the commission of the offense (§ 12022, subd. (b)(1)). He was sentenced to 26 years to life in state prison. In 2019, defendant filed a petition for resentencing pursuant to section 1170.95. After appointing counsel to represent defendant and considering briefing and argument by both parties, the trial court denied defendant’s petition without issuing an order to show cause and holding an evidentiary hearing pursuant to section 1170.95, subdivision (d). Defendant timely filed a notice of appeal. He argues that because he established a prima facie case that he is potentially eligible for resentencing relief, the trial court should have issued an order to show cause and held an evidentiary hearing. The People agree. In accordance with the parties’ briefs, we reverse and remand the matter for the trial court to issue an order to show cause and to hold an evidentiary hearing pursuant to section 1170.95, subdivision (d). FACTUAL BACKGROUND “On September 4, 2006, Rosaura Gutierrez (Rosaura) heard her son, Randolfo Gutierrez (Gutierrez), arguing with someone outside their Long Beach apartment. She went outside and saw that Gutierrez was arguing with Cesar Villagrana (Villagrana) in the alley. Rosaura heard her son say, ‘If you’re going to stab me, do it already.’ [Defendant] and a girl were also in the alley.