People v. Ramirez CA4/2

INTRODUCTION

Defendant Miguel Angel Ramirez appeals from judgment entered following jury

convictions for four counts of battery (Pen. Code,1 § 242; counts 1-4) and assault (§ 240;

count 6), lesser included offenses of rape and sexual penetration of a minor (§§ 261,

subd. (a)(2), and 289, subd. (i)). The court dismissed count 5 (sexual battery) pursuant to

section 1118.1. Defendant was sentenced to an aggregate term of 180 days in county jail,

and released with credit for time served.

Defendant contends the trial court committed prejudicial error by failing to give a

unanimity jury instruction, violating his right to a speedy trial, and depriving him of a

Marsden hearing. Defendant also contends his battery and assault convictions were time-

barred and his $100 restitution fine should be eliminated. We conclude there was no

prejudicial error and affirm the judgment, with the exception the trial court erred in not

eliminating his $100 restitution fine by crediting two of defendant’s excess days in

custody.

II

FACTS

In 2003, defendant began sexually abusing V.M. when she was 14 or 15 years old.

At the time, V.M.’s older sister, Y.M. was dating defendant, who was…