People v. Ramirez CA5

FACTS

First Carjacking On March 3, 2011,2 Lazaro Cantu met Christine Northrup, a friend and coworker, in Fresno’s Tower District for an Art Hop event. They then went to a Thai restaurant on Olive Avenue for dinner about 10:00 p.m. The two arrived in separate cars. Cantu drove his mother’s car, a 2005 gray Toyota Camry, which was parked in a different location than Northrup’s car. Cantu walked with Northrup back to his car and was placing leftover food in the backseat when Northrup motioned to him that someone was coming toward them. When Cantu looked up, appellant approached him, pointed a gun at Cantu’s abdomen, and said he was taking the car. Cantu got scared and reacted by trying to push the gun down and away from his body. Appellant pulled back and struggled with Cantu over control of the gun. The two men went up against a fence. Appellant bit Cantu’s arm until Cantu let go

181, 185; In re Candelario (1970) 3 Cal.3d 702, 705.) We will remand for the trial court to amend the abstract of judgment. Unless otherwise noted, all date references are to the year 2011.

3. of the gun. Appellant threw Cantu to the ground, fell to the ground himself, and the two men struggled.…