Ramirez

People v. Ramirez

Caution
189 Cal. App. 3d 603·1987 Cal. App. LEXIS 1394·236 Cal. Rptr. 404
Court of Appeal of CaliforniaJanuary 9, 1987A020625California15,056 words

Opinion

Opinion

Kline, J.

—Appellants Michael Frederick Ramirez and Martin Gomez appeal from convictions for three counts of forcible rape in concert (Pen. Code, §§261, subd. (2) and 264.1) (counts 1, 2 and 11); two counts of attempted murder (§§ 664/187) (counts 3 and 4); two counts of penetration by foreign object in concert (§§ 289, subd. (a) and 264.1) (counts 5 and 6); one count of attempted robbery (§§211, 664) (count 7); one count of robbery (§211) (count 8); two counts of sodomy in concert (§ 286, subd. (d)) (counts 9 and 10); one count of oral copulation in concert (§ 288a, subd. (d)) (count 12); and two counts of conspiracy to commit first degree murder (§§ 182/187) (counts 13 and 14). They raise several arguments concerning sufficiency of the evidence for, and sentencing on, the conspiracy convictions; and a variety of contentions relating to enhancements and sentencing on the other counts.

Statement of Facts

In February 1982, Carol O. and Vivian C. were living in a small studio apartment at 142 East Santa Clara Street in San Jose. The apartment consisted of one room, with a separate kitchen and bathroom, and contained one queen-sized bed which the two women shared.

Carol and Vivian…

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