P. v. Ramirez CA4/3

Filed 3/5/13 P. v Ramirez CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G047015

v. (Super. Ct. No. 11CF2299)

ISRAEL RAMIREZ, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Dan McNerney, Judge. Affirmed as modified. John N. Aquilina, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Sharon L. Rhodes, Deputy Attorney General, for Plaintiff and Respondent. * * *

THE COURT:* Defendant Israel Ramirez appeals his sentence following his conviction by a jury on charges of second-degree robbery, use of a deadly weapon, and assault with a deadly weapon. His sole argument on appeal, which the Attorney General concedes, is that the trial court violated his constitutional right to due process when it improperly imposed a six-year sentence for assault with a deadly weapon concurrent with a robbery count, because both acts constituted an indivisible course of conduct with a single objective. Defendant contends that the court should have stayed the six-year sentence imposed for the deadly weapon assault count pursuant to Penal Code section 654.1 We agree with defendant that the sentence on this count should have been stayed pursuant to section 654, and we affirm the judgment as modified.

I Facts and Proceedings Defendant was convicted by a jury as to count 1 of second degree robbery and personal use of a deadly weapon. As to count 2, he was convicted of assault with a deadly weapon. As to count 1, he was sentenced to seven years, or the midterm of three years which was doubled under the “Three Strikes” law, plus a consecutive one-year term for the personal use enhancement. As to count 2, assault with a deadly weapon, he was sentenced to a concurrent six-year term. He was also sentenced to a consecutive five- year term for a prior serious felony, plus an additional one year for a prior prison enhancement, for a total term of 13 years in state prison.