People v. Ramirez CA2/4

INTRODUCTION

In 2021, defendant and appellant Jose Francisco Ramirez pled no contest to attempted murder and admitted to personally using a firearm in the commission of the crime. In 2022, Ramirez filed a petition for resentencing under Penal Code section 1172.6.1 The trial court ultimately denied the petition for failing to establish a prima facie showing. On appeal, Ramirez challenges the trial court’s order and requests a correction in the abstract of judgment to properly reflect his plea. The Attorney General agrees with the correction but disputes Ramirez made a prima facie showing under section 1172.6. We affirm the trial court’s order but remand the matter to the trial court to permit Ramirez to amend his petition.

FACTUAL AND PROCEDURAL BACKGROUND2

I. Plea

On August 25, 2020, the Los Angeles County District Attorney’s Office filed an information charging Ramirez and his two codefendants (Isaiah Horton and Rosalynn Rollins) with kidnapping during the commission of carjacking (§ 209.5, subd. (a), count 1), kidnapping to commit another crime (§ 209, subd. (b)(1), count 2), and carjacking (§ 215, subd. (a), count 3). As to counts 1 through 3, it was further alleged a…