People v. Ramirez CA1/1

Filed 11/17/23 P. v. Ramirez CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A165641 v. YAZMANI MORENO RAMIREZ, (San Mateo County Super. Ct. No. 20-SF-008831-A) Defendant and Appellant.

Defendant Yazmani Moreno Ramirez appeals from the trial court’s imposition of an indeterminate sentence of 25 years to life consecutive to a determinate term of 22 years, after a jury convicted him of multiple sex offenses involving his young daughter, Jane Doe. Ramirez’s appointed appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), identifying no issues and requesting that this court review the record and determine whether any arguable issue exists on appeal. Having done so, we remand for reconsideration of Ramirez’s presentence credits but otherwise affirm. FACTUAL AND PROCEDURAL BACKGROUND On May 13, 2022, the San Mateo County District Attorney filed an amended information alleging that, during the period on or between January 1, 2017 and August 23, 2018, Ramirez committed felony sexual intercourse

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with a child ten years old or younger (Pen. Code,1 § 288.7, subd. (a), count 1) and two counts of felony lewd act on a child (§ 288, subd. (a), counts 5 and 6). In addition, for the period from August 1, 2018 through July 27, 2020, Ramirez was charged with seven counts of felony oral copulation of a person under 14 (§ 287, subdivision (c)(1), counts 2, 3, 4, 26, 27, 28, and 29); 18 counts of felony lewd act on a child (§ 288, subd. (a), counts 7 through 24); and one count of felony continuous sexual abuse of a child under 14 (§ 288.5, subd. (a), count 25). Counts 5 through 25 were enhanced with allegations of substantial sexual conduct pursuant to section 1203.066, subdivision (a)(8). All counts were enhanced with numerous alleged circumstances in aggravation, including that the victim was particularly vulnerable and that Ramirez took advantage of a position of trust. The jury trial took place over three days in May 2022. The following was among the evidence adduced at trial: Jane Doe’s mother testified that the family—herself, her husband Ramirez, their son (then 12 years old), and Jane Doe (then 10 years old)— moved from Sacramento to Redwood City on August 1, 2018. At some point in 2019, she left the bedroom in the middle of the night and discovered Ramirez laying on top of their daughter on the living room couch where she slept. Jane Doe had her clothes on and appeared to be asleep. Ramirez was wearing shorts. When Doe’s mother confronted Ramirez, he said he did not know what he was doing, cried, and asked her to forgive him. She did not call the police. On July 27, 2020, Doe’s mother got up in the night to check on Ramirez, who she thought had gone to the bathroom, because he had been gone a long time. He was already coming back to the bedroom, wearing only underwear and carrying his shorts. When she checked on her daughter, she