People v. Ramos CA5

INTRODUCTION

Defendant Frankie Duque Ramos entered an illegal gaming business with three other gang members and robbed the business at gunpoint. While fleeing, the four robbers shot at the security guard and wounded him in the leg. After defendant’s trial, the Legislature substantially amended the statutes applicable to gang enhancements and sentencing. The parties agreed that the gang enhancements should be reversed, and we remanded to the trial court for further proceedings. (People v. Ramos (June 14, 2023, F082502) [nonpub. opn.].) On remand, the prosecution elected not to retry the gang enhancements, and the trial court resentenced defendant. Defendant argues that the trial court erred in sentencing him to a prison term of 25 years to life pursuant to Penal Code section 12022.53, subdivision (d)1 because that section is not applicable to his crimes of attempted murder and second degree robbery. We affirm.

PROCEDURAL BACKGROUND2

On September 25, 2020, a jury convicted defendant of attempted murder (§§ 187, 664; count 1), second degree robbery (§ 212.5, subd. (c); count 2), assault with a firearm (§ 245, subd. (a)(2); count 3), conspiracy to commit robbery and assault with a…