People v. Ramirez CA4/2

FACTS

On October 1, 2001, Ramirez participated with three other men in a gang-related 2 shooting targeting a group gathered in front of a house in Riverside. Two people were

the intended victims, but six others were in the front yard and two more were inside the

house. Ramirez was not one of the two shooters.

In 2004, a jury found Ramirez guilty on two counts of attempted murder (§§ 664,

187, subd. (a)), one count of shooting at an inhabited dwelling (§ 246), and one count of

assault with a firearm (§ 245, subd. (a)(2)), and found Ramirez was a principal and

another principal personally discharged a firearm (§ 12022.53, subds. (c), (d), and (e)(1))

1 Undesignated statutory citations are to the Penal Code. Section 1172.6 was numbered as section 1170.95 at the time Ramirez filed his motion. 2 In this paragraph, we describe facts from our previous appellate opinion (People v. Olivarez (May 2, 2006, E036435) [nonpub. opn.]) only to provide context for our analysis of whether the jury instructions and trial transcript foreclose the existence of a prima facie case. (See People v. Flores (2022) 76 Cal.App.5th 974, 988 [courts may not consider factual summary in appellate opinion…