People v. Ramirez CA4/3

FACTS AND PROCEDURAL HISTORY

Ramirez was arrested for stabbing another man in a homeless encampment. In April 2023, a jury convicted him on count one (attempted manslaughter under §§ 192, subd. (a), 664), and count two (assault with a deadly weapon under § 245, subd. (a)(1)). As to count one, the jury found true that Ramirez had personally used a deadly and dangerous weapon (a knife). (§ 12022, subd. (b)(1).) For both counts, the jury found true that Ramirez had inflicted great bodily injury on the victim. (§ 12022.7, subd. (a).) A jury trial on the aggravating factors and an alleged prior strike was held a few days later. As to the aggravating factors, the jury found Ramirez’s commission of both counts “involved great violence, great bodily harm, threat of great bodily harm, or other acts disclosing a high degree of cruelty, viciousness, or callousness.” (Cal. Rules of Court, rule 4.421(a)(1); hereafter, rule 4.421.) For count one, the jury found true that Ramirez was armed with and used a weapon (a knife) during the commission of the offense. (Rule 4.421(a)(2).) It found the prior strike allegations to be untrue. A sentencing hearing was held in June 2023. At the beginning of…