Ramirez

People v. Ramirez

Good Law
75 Cal. App. 4th 1011·89 Cal. Rptr. 2d 641
Court of Appeal of CaliforniaJanuary 13, 2000B124850California3,776 words

Opinion

Opinion

Certified for Partial Publication. [*]

Defendant Jesse Patrick Ramirez appeals from a judgment of conviction following a bifurcated trial. The jury convicted defendant of second degree robbery (Pen. Code [1] , § 211) as charged in count 1, and found true an allegation that defendant personally used a deadly weapon (a knife) in the commission of the robbery in count 1 (§ 12022, subd. (b)(1)). The jury also convicted defendant of assault with a deadly weapon (a knife) as charged in count 2. (§ 245, subd. (a)(1).) The trial court found that defendant did not have a right to a jury trial as to: whether he had suffered two prior convictions for serious or violent felonies alleged under the "Three Strikes" law (§§ 667, subds.(b)-(i), 1170.12, subds. (a)-(d)); whether he had suffered two prior convictions of serious felonies (§ 667, subd. (a)(1)); and whether he had served a prison term for a prior felony conviction (§ 667.5, subd. (b)). Over defendant's objection, the trial court conducted a court trial on the alleged prior convictions. The trial court found that defendant had suffered prior serious or violent felony convictions for robbery and for assault with a…

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