People v. Ramirez CA2/7

Filed 3/10/23 P. v. Ramirez CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B322960

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA130983-02) v.

ROBERT ANTONIO RAMIREZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Olivia Rosales, Judge. Affirmed. Karyn H. Bucur, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ______________________________

Robert Antonio Ramirez was originally convicted on two counts of attempted murder, two counts of aggravated assault and shooting at an inhabited dwelling with related firearm-use, criminal street gang and prior felony conviction enhancements and sentenced to an aggregate indeterminate state prison term of 37 years to life. Following reversal and remand (People v. Ramirez (Apr. 1, 2022, B265610) [nonpub. opn.]), the People elected not to retry the attempted murder charges or the criminal street gang enhancement allegations. The trial court then resentenced Ramirez to a determinate state prison term of 14 years. On appeal Ramirez’s appointed counsel has identified no arguable issues following her review of the record. We have independently reviewed the record and also find no arguable issues. The judgment is affirmed. FACTUAL AND PROCEDURAL BACKGROUND As we explained in our April 2022 opinion, applying the law as it existed at the time of our decisions, in 2017 and again in 2019 we affirmed all five of Ramirez’s convictions for attempted murder, aggravated assault and shooting at an inhabited dwelling, which had been based on the natural and probable consequences doctrine. After granting Ramirez’s petition for review in December 2019, on January 5, 2022 the Supreme Court transferred the matter to us with directions to vacate our 2019 decision affirming the convictions and to reconsider the cause in light of Senate Bill No. 775 (Stats. 2021, ch. 551, § 2). Following supplemental briefing we reversed Ramirez’s convictions for attempted murder, as well as the criminal street gang enhancements imposed on all counts, based on Senate Bill No. 1437 (Stats. 2018, ch. 1015), which eliminated accomplice