People v. Ramos CA4/3

Filed 6/12/24 P. v. Ramos 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G062801

v. (Super. Ct. No. 18NF0718)

JOSUE RAMOS, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Scott A. Steiner, Judge. Affirmed. Laura Vavakin, 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, James M. Toohey and Christopher P. Beesley, Deputy Attorneys General, for Plaintiff and Respondent.

In 2018, Josue Ramos pled guilty to aiding and abetting attempted murder, carjacking, and criminal street gang activity. In 2023, he filed a petition for resentencing of his attempted murder conviction, which the trial court denied at the prima facie stage of review. The trial court concluded Ramos was statutorily ineligible because he admitted to aiding and abetting the attempted murder with specific intent to kill. Ramos appealed, arguing the factual admissions in his guilty plea did not conclusively establish he was statutorily ineligible for resentencing relief. Following a de novo review of the record, we conclude Ramos has not made a prima facie case for resentencing relief under Penal Code section 1172.6.1 Accordingly, we affirm. FACTS I. Charging Document and Plea On March 14, 2018, the Orange County District Attorney filed a felony complaint against Ramos and two codefendants, charging them with premeditated attempted murder (count 1), carjacking (count 2), and street terrorism (count 3). It was further alleged that the attempted murder and carjacking were committed for the benefit of, at the direction of, and in association with a criminal street gang, Folks. On December 10, 2018, Ramos pleaded guilty to the three counts in the felony complaint and the gang enhancement. As the factual basis for his plea, he admitted that on October 10, 2017, “I aided/abetted, with the specific intent to kill, the attempt to kill John