People v. Ramirez CA2/1

BACKGROUND

A. Charges and Trial On December 28, 2008, Rodolfo Macias died as a result of gunshot wounds, and Raymond Salcedo lost an eye due to a gunshot to the head. (People v. Ramirez (Mar. 26, 2013, B232114) [nonpub. opn.] p. 2.)2 An information filed in August 2009 charged appellant Ramirez, his cousin Tomas Carrillo Ramirez,3 and a man called Jose Arnaud with the murder of Macias (§ 187, subd. (a)), the willful, deliberate, premediated attempted murder of Salcedo (§§ 664 & 187, subd. (a)), and aggravated mayhem as to Salcedo (§ 205). As to all three counts, the information charged a gang enhancement (§ 186.22, subd. (b)(1)(C)), and alleged a principal

2 To fill in gaps in the appellate record and to provide

context for this appeal, we take some of the procedural and factual background of this case from this court’s opinion in Ramirez’s direct appeal. In his appellate briefing, Ramirez also derives his statement of the facts from the opinion in his direct appeal, noting that the present appeal “concerns a purely legal issue” and we need not rely on these facts in determining whether Ramirez made a prima facie showing that he is entitled to relief on his attempted…