People v. Ramirez CA2/2

STATEMENT OF THE CASE

On May 2, 2013, defendant and his brother, codefendant Jose Trinidad Ramirez,2 were charged by information in Los Angeles County with the murder of Martin Contreras (§ 187, subd. (a); count 1). Defendant was charged separately with one count of possession of a firearm by a felon (§ 29800, former subd. (a)(1); count 2). As to count 1, it was alleged defendant personally and intentionally discharged a firearm, causing great bodily injury and death (§ 12022.53, subd. (d)). As to each of the counts, it was alleged the offense was committed for the benefit of a criminal street gang. (§ 186.22, subd. (b)(1)(C).) It was further alleged defendant served one prior prison term (§ 667.5, subd. (b)), had one prior serious felony conviction (§ 667, subd. (a)) and suffered one prior strike pursuant to the “Three Strikes” law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)– (d)). On July 1, 2015, the jury found defendant guilty of first degree murder in count 1 and possession of a firearm by a felon in count 2. As to the murder, the jury found true the allegation that defendant personally and intentionally discharged a firearm,

1 All further undesignated statutory references…