People v. Ramirez-Ramos CA5

INTRODUCTION

In 2019, a jury convicted defendant Robert Ramirez-Ramos of shooting at an occupied vehicle (Pen. Code, § 246; count 3) and found true allegations the crime was committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)) and that a principal personally discharged a firearm during the commission of the offense (§ 12022.53, subds. (c) & (e)(1)). Defendant was sentenced to 15 years to life pursuant to section 186.22, subdivision (b)(4)(B). (Undesignated statutory references are to the Penal Code.) On appeal, we reversed the gang enhancement and the firearm enhancement based on the passage of Assembly Bill No. 333 (2021–2022 Reg. Sess.) (Assembly Bill 333) and remanded for further proceedings. On remand, the parties entered into stipulations based on the appellate opinions in defendant’s and his codefendants’ cases. A court trial was held and the court found beyond a reasonable doubt that the crime was committed for the benefit of, at the direction of, or in association with a criminal street gang. Defendant was again sentenced to 15 years to life pursuant to section 186.22, subdivision (b)(4)(B). On appeal, counsel filed a Wende brief asking this…