People v. Chavira Ca2/6

Facts and Procedural History Appellant, a drug middleman, shot Albino Ramirez in front of Ramirez's pregnant wife and son. Appellant had told Ramirez that he could buy two pounds of

2 The eight year eight month determinate sentence was calculated as follows: a five- year upper term for robbery (count 2; § 211), plus eight months (one-third the midterm) for exhibiting a firearm in the presence of another person (count 4; § 417, subd. (b)), plus three years for dissuading a witness by force or threat (count 5; § 136.1, subds. (c)(1)). The consecutive, three-year midterm sentence on count 5 was mandatory. (See § 1170.15.) On count 3 (§ 417, subd. (b)), appellant received an eight month sentence (one-third the midterm) that was stayed pursuant to section 654.

2 methamphetamine for $30,000 and directed Ramirez to pick him up at Wal-Mart. It was a ruse to murder and rob Ramirez. Ramirez got the money and drove to Wal-Mart with his wife, Celia Ramirez, and his son, Anthony. Celia Ramirez and three-year old Anthony were in the back seat of the car when appellant killed Ramirez. Appellant also threatened to shoot Celia and Anthony. He ordered Celia to turn over the money and not to…