Ramos

People v. Ramos

Bad Law
2004 Cal. LEXIS 11332·2004 Daily Journal DAR 14175·21 Cal. Rptr. 3d 575·34 Cal. 4th 494·101 P.3d 478
Supreme Court of CaliforniaNovember 29, 2004S030956California14,369 words

Opinion

Opinion

Chin, J.

In 1991, an information charged defendant with three counts of murder (Pen. Code, § 187), with a personal use of a firearm enhancement on each count. (§ 12022.5, subd. (a).) The information included a multiple-murder special-circumstance allegation (§ 190.2, subd. (a)(3)), and charged two violations of section 12021, subdivision (a) (felon in possession of a firearm). In addition, defendant was charged with two enhancements under section 667.5, subdivision (b) (prior violent-felony prison convictions). He was held in the Martinez Detention Facility.

Nearly a year later, county prison officials considered defendant a continuing threat to staff and inmate safety. A judge ordered him removed from Martinez to San Quentin, where he engaged in criminal and other questionable activity. He attacked a jailhouse deputy, threatened the same deputy, and allegedly hoarded medication for a possible suicide attempt. Defendant also filed numerous complaints about staff procedural violations.

Three months after he was placed in San Quentin, defendant pleaded guilty to all charges. The court determined that the murders were of the first degree and made a specific finding that defendant…

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