People v. Ramirez CA4/2

STATEMENT OF THE CASE

On August 17, 1994, the People filed an information charging defendant with

three counts of attempted murder under sections 187/664. As to all counts, the

information also alleged that defendant personally used a handgun under section 12022.5,

subdivision (a).

On January 3, 1995, a jury found defendant guilty as charged and found the

enhancements true. The trial court sentenced defendant to 28 years to be followed by

three consecutive life sentences in state prison. Defendant appealed. This court affirmed

the judgment. (People v. Ramirez (Aug. 12, 1996, E016741) [nonpub. opn.]

(Ramirez I).)

On July 11, 2023, defendant filed a petition for resentencing under section 1172.6.

At a hearing on the petition on December 1, 2023, the trial court denied the petition.

1 All statutory references are to the Penal Code unless otherwise specified.

2 We granted the People’s request for judicial notice of the records in defendant’s prior appeal, case No. E016741.

STATEMENT OF FACTS3

On January 14, 1994, the three victims had arranged to meet with two girls at a

restaurant in Rubidoux, California. When the victims were waiting in the restaurant

parking…