People v. Ramirez CA4/3

Filed 7/13/23 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G061275

v. (Super. Ct. No. 01WF2314)

RICHARD DAVID RAMIREZ, OPINION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Andre Manssourian, Judge. Affirmed. Mark Alan Hart, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Arlene A. Sevidal, Lynn McGinnis and Andrew Mestman, Deputy Attorneys General, for Plaintiff and Respondent. * * *

Two decades ago, a jury found defendant Richard David Ramirez guilty of first degree murder. He later filed a petition for relief from his murder conviction under Penal Code section 1172.6.1 The trial court denied his petition on grounds he had failed to state a prima facie case. On appeal, the record shows the jury found Ramirez intentionally killed the victim. So, he is ineligible for relief under section 1172.6 as a matter of law. We therefore affirm the order.

I FACTS AND PROCEDURAL HISTORY A. Ramirez’s Convictions The following facts are provided for background purposes. They have been taken from this Division’s unpublished opinion, People v. Ramirez, et al. (Jan. 18, 2006, G033858) [nonpub. opn.], which affirmed Ramirez’s convictions. Ramirez was a drug dealer and member of the Hawaiian Gardens gang, which was “‘at war’” with an Artesia gang. Seventeen-year-old Guillermo Carvajal went to Ramirez’s house to pay off a relative’s debt. Carvajal was from Artesia but was not in a gang. According to an eyewitness, codefendants Jaren Anthony Cervantes and Stanley Dean Cruz were at Ramirez’s house and were members of gangs that were hostile to the same Artesia gang. Cervantes, Cruz, and an unidentified man accused Carvajal of being from Artesia and asked about his gang affiliation. Carvajal turned to leave but Cruz and Cervantes blocked his exit and summoned Ramirez. (People v. Ramirez, supra, G033858.)