People v. Ramirez CA2/7

Filed 9/11/23 P. v. Ramirez CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B327842

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA181882) v.

ANGEL RAMIREZ JR.,

Defendant and Appellant.

APPEAL from a postjudgment order of the Superior Court of Los Angeles County, H. Clay Jacke, II, Judge. Affirmed. Allen G. Weinberg, under appointment by the Court of Appeal; and Angel Ramirez Jr., in pro. per., for Defendant and Appellant. No appearance for Plaintiff and Respondent. _______________________

A jury convicted Angel Ramirez Jr. in 2000 of first degree murder (Pen. Code, § 187, subd. (a))1 and found true specially alleged firearm enhancements (§§ 12022.53, subds. (d), (e)(1), 12022, subd. (a)). We affirmed Ramirez’s conviction on direct appeal. (People v. Ramirez (Oct. 3, 2001, B142800) [nonpub. opn.].) On December 14, 2022, after appointing counsel for Ramirez and receiving a response from the prosecutor and a reply from Ramirez’s counsel, the superior court summarily denied Ramirez’s petition for resentencing under former section 1170.95 (since renumbered section 1172.6), ruling Ramirez was ineligible for relief as a matter of law because he was not prosecuted under theories of felony murder or natural and probable consequences or any other theory that imputed malice to him. No arguable issues have been identified following review of the record by Ramirez’s appointed counsel. We also have identified no arguable issues after our own independent review of the record and analysis of the contentions presented by Ramirez in his supplemental brief. We affirm. FACTUAL BACKGROUND The evidence at trial established that Daniel Valenzuela, an associate of the Clover criminal street gang, was shot and killed while in the laundry room of his mother’s home. Valenzuela’s mother heard the gunshots and saw the shooter jump into an awaiting car. A nearby police helicopter spotted the assailant as he entered the car and followed the vehicle from the air. Almost immediately, the car pulled to the curb, and the passenger got out and ran. The police helicopter continued to