Ramirez

People v. Ramirez

Good Law
141 Cal. App. 4th 1501·2006 Cal. App. LEXIS 1249·2006 Daily Journal DAR 10735·47 Cal. Rptr. 3d 272·2006 Cal. Daily Op. Serv. 7522
Court of Appeal of CaliforniaAugust 14, 2006B186837California2,362 words

Opinion

Opinion

Rubin, J.

INTRODUCTION

Appellant Giovanni Ramirez pleaded nob contendere to one count of armed robbery and evading arrest. As part of his plea agreement, two counts of carjacking and one count of unlawful driving were dismissed. He claims that before he entered his plea, the prosecutor should have provided to him a supplemental police report containing exculpatory information. This appeal follows the denial of his motion to withdraw his plea under Penal Code section 1018. We reverse and remand to allow appellant the opportunity to withdraw his plea.

FACTUAL AND PROCEDURAL BACKGROUND

The complaint alleged five felony counts stemming from a group of crimes committed on January 1, 2005: (1) carjacking, (2) armed caijacting, (3) armed robbery, (4) unlawful driving of a vehicle, and (5) evading police.

1. The Crimes as Described in the Initial Police Reports

At 6:05 p.m. on January 1, 2005, a Mini Cooper automobile belonging to A.G. and J.G. was carjacked. The Mini Cooper was boxed in by a Toyota Corolla and a pickup. A Black male exited the Corolla, pointed a gun at A.G., and demanded the car and her purse. A Hispanic male took her keys and purse and drove off in the Mini Cooper;…

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