People v. Ramirez CA2/1

Filed 10/27/22 P. v. Ramirez CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B318337 (Los Angeles County Plaintiff and Respondent, Super. Ct. No. MA048641) v.

JOHNNY RAMIREZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Daviann L. Mitchell, Judge. Remanded with directions. Mary Jo Strnad, 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, Noah P. Hill and Steven E. Mercer, Deputy Attorneys General, for Plaintiff and Respondent. _____________________

Defendant and appellant Johnny Ramirez challenges the trial court’s decision not to resentence him under former Penal Code section 1170, subdivision (d)(1).1 After the court made its decision, the Legislature amended the law to create new procedural and substantive requirements the court must apply in considering whether to resentence a defendant. Ramirez contends that we must remand his case to allow the court to reconsider resentencing him under the new version of the law. The People concede that he is correct, and we agree. BACKGROUND This case grows out of events occurring on October 24, 2009, when Ramirez and a companion robbed a Radio Shack, shoved and moved two victims inside the store, and escaped in a car belonging to one of the victims. Ramirez was armed with a semiautomatic handgun. On March 22, 2010, Ramirez voluntarily walked into the Palmdale Sheriff’s Office and confessed to the robbery. In 2011, Ramirez pleaded no contest to one count of kidnapping in violation of section 207, subdivision (a), two counts of robbery in violation of section 211, and one count of grand theft auto in violation of section 487, subdivision (d)(1). As to each count, Ramirez admitted allegations pursuant to sections 12022.53, subdivision (b), and 12022.5, subdivision (a) that he personally used a firearm in committing the offenses. He was sentenced to a total term of imprisonment of 17 years. The sentence consisted of five years for the kidnapping, eight months for grand theft auto, and 11 years four months for firearm