People v. Ramirez CA2/5

Filed 8/24/22 P. v. Ramirez CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B312908

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. VA006667)

ARMANDO RAMIREZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Joseph R. Porras, Judge. Affirmed. Pensanti & Associates and Louisa Pensanti for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Scott A. Taryle, Supervising Deputy Attorney General, and Chung L. Mar and Amanda V. Lopez, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant and appellant Armando Ramirez (defendant) appeals from the trial court’s denial of his petition for resentencing under Penal Code section 1172.6 (former Penal Code section 1170.95).1 Defendant’s trial jury was not instructed on either the felony murder doctrine or the natural and probable consequences doctrine, and we consider whether that means the trial court cannot have erred in denying the section 1172.6 petition.

I. BACKGROUND A. The Murder2 On New Year’s Day in 1991, a feud between members of the Varrio Norwalk and Chivas criminal street gangs erupted when a Varrio Norwalk member entered Chivas territory and shot a member of the Chivas gang. Defendant—a member of the Chivas gang—and fellow gang member Anthony Lupe Chavez (Chavez) met with other Chivas members and discussed going to Varrio Norwalk territory to shoot a Varrio Norwalk member in retaliation. Defendant and Chavez stole a car and drove into Varrio Norwalk territory, with Chavez armed with a shotgun. They drove by a park known to be a gathering point for Varrio Norwalk members. Varrio Norwalk member Jordy Rodriguez (Rodriguez) saw defendant and shouted “Norwalk!” Defendant yelled