People v. Ramirez CA2/5

Filed 7/20/22 P. v. Ramirez CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B313179

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA137794-01) v.

EDY RAMIREZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Deborah S. Brazil, Judge. Affirmed. Patrick J. Hoynoski, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

___________________________

Edy Ramirez appeals from an order denying his petition to vacate his murder conviction and to be resentenced under Penal Code section 1170.95.1 His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, raising no issues. Ramirez then filed a supplemental brief that raised several arguments, none of which has merit. Because the jury in Ramirez’s underlying trial was not instructed on felony murder or the natural and probable consequences doctrine, we affirm. FACTS On September 1, 1996, Carlos Salgado died from gunshot wounds.2 The District Attorney charged Roberto Esquivel and Ramirez with Salgado’s murder. At trial, the evidence showed Esquivel fired four fatal shots at Salgado, while Ramirez drove the car in a drive-by shooting. A jury found Ramirez guilty of first degree murder (§ 187, subd. (a).) The jury also found true that a principal in the murder was armed with a deadly weapon (§ 12022, subd. (a)(1)) and the murder was intentional and perpetrated by means of discharging a firearm from a motor vehicle. (§ 190.2, subd. (a)(21).)