People v. Ramirez CA2/4

BACKGROUND

In 2015, a jury convicted Ramirez of second degree murder (Pen. Code,2 § 187, subd. (a)), found a gang allegation true (§ 186.22, subd. (b)(1)), and found various firearm use allegations true, including that Ramirez personally used a handgun in the commission of the murder, causing great bodily injury and death to the victim. (§ 12022.53, subd. (d).) The trial court sentenced Ramirez to 40 years to life in state prison, consisting of 15 years to life on the murder count, plus a 25-years-to-life firearm enhancement. (§ 12022.53, subd. (d).)3 On direct appeal, a different panel of this court remanded the matter for a Franklin hearing,4 and for the trial court to exercise its newfound discretion under section 12022.53,

1 Ramirez’s counsel raised this argument in the opening brief but did not file a reply brief. 2 All undesignated statutory references are to the Penal Code. 3 The court struck the gang enhancement. 4 People v. Franklin (2016) 63 Cal.4th 261.

2 subdivision (h) whether to strike the firearm enhancement.5 We affirmed the judgment in all other respects. In 2023, after holding a hearing as directed by this court, the trial court declined to…