Ramirez

Facts and Procedural History

After a search of his residence revealed 16 ounces of methamphetamine, some cocaine, $2,035 cash and a .357 revolver, appellant Federico Lopez Ramirez was charged by complaint filed in Fresno County Municipal Court on November 8, 1994, with possession of cocaine for sale (Health & Saf. Code, § 11351, count one) and possession of methamphetamine for sale (Health & Saf. Code, § 11378, count two). The complaint also alleged as to both counts that appellant was personally armed with a firearm within the meaning of Penal Code section 12022 and that appellant possessed 57 grams or more of methamphetamine within the meaning of section 1203.073, subdivision (b)(2). On December 8, 1994, after signing a change of plea form which included an immigration advisement, and after receiving additional advisements in open court, appellant pied guilty to count two and admitted the arming allegation. The remaining allegations were dismissed and there was a stipulated lid of five years in state prison. After being excluded from California Rehabilitation Center, appellant was sentenced to five years in state prison.

On June 2, 1998, while out on parole, appellant…