People v. Ramos CA2/5

I. INTRODUCTION

Defendant Ruben Salgado Ramos, Jr., filed a “Petition/Motion for Recall and Modification of Sentence” (resentencing petition) pursuant to Penal Code section 1172.75.1 The trial court granted the resentencing petition, striking two prior prison term enhancements but denied defendant’s request to strike his prior strike enhancement. We affirm.

II. PROCEDURAL BACKGROUND

On August 4, 2014, a jury convicted defendant of rape of an unconscious person (§ 261, subd. (a)(4), count 1) and three counts of dissuading a witness (§ 136.1, subd. (b)(1), counts 2–4). Defendant admitted that he suffered a prior strike conviction under the Three Strikes law (§§ 667, subds. (b)–(i) and 1170.12, subds. (a)–(d)), suffered a prior serious or violent felony conviction (§ 667, subd. (a)), and served two prior prison terms (§ 667.5, subd. (b)). The trial court sentenced defendant to 50 years in state prison. (People v. Ramos (Apr. 5, 2016, B261805) [nonpub. opn.] (Ramos I).)

All further statutory references are to the Penal Code unless otherwise stated.

In defendant’s direct appeal from his judgment of conviction, a prior panel of this Division affirmed the section…