People v. Ramos CA2/8

Filed 3/25/24 P. v. Ramos CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B325519

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA101428) v.

VICTOR RAMOS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Roger Ito, Judge. Reversed and Remanded.

Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan S. Pithey, Assistant Attorney General, Noah P. Hill and Nima Razfar, Deputy Attorneys General, for Plaintiff and Respondent. _____________________________

Appellant Victor Ramos pled no contest to carjacking under Penal Code section 215, subd. (a). 1 After he petitioned for resentencing, Ramos argues that the superior court made errors in his amended abstract of judgment. We agree. Accordingly, we reverse and remand so that the court may correct the new sentencing date, recalculate presentence conduct credit, and recalculate custody time up to the resentencing hearing. BACKGROUND After Ramos was arrested on June 24, 2007, the Los Angeles District Attorney’s Office charged him with carjacking (§ 215, subd. (a)), first degree robbery of a transit operator (§ 211), and possession of a firearm by a felon with four prior convictions (§ 12021, subd. (a)(1)). The Los Angeles District Attorney alleged a firearm enhancement under the carjacking and first degree robbery of a transit operator charges. (§ 12022.53, subd. (b).) The Los Angeles District Attorney further alleged Ramos suffered a prior strike and served four prior prison terms. (§ 667.5, subd. (b).) On November 2, 2007, Ramos was arrested again for concealing a razor blade while being transported from jail to a court hearing for the June 24, 2007 related charges. The Los Angeles District Attorney charged him for possession of a weapon by an inmate. (§ 4502, subd. (a).) On April 30, 2008, Ramos pled no contest to carjacking and admitted to allegations for the underlying firearm enhancement. Ramos further admitted to allegations of a prior strike and three prior prison terms.