People v. Ramirez CA4/2

STATEMENT OF FACTS

Trial was held on August 5, 2014.

On January 30, 2013, two deputy sheriffs went to defendant’s home to question

him in connection with a pair of drive-by residential shootings in which he was believed

to have been a victim. Defendant answered the door and allowed the deputies inside.

They observed two persons sleeping in the living room, one on the floor and one on a

couch. One was a known, self-admitted member of the Headhunters gang, and the other

was believed to be an associate of that gang. The officers also observed a handgun on the

armrest of the sofa, at the feet of the sleeper. When the officers entered, defendant was

standing next to the couch with the weapon within arm’s reach.

All subsequent statutory references are to the Penal Code.

2 While it was not clearly established how many people resided in the house, the

house and particularly the bedrooms were full of “piles of stuff.”

A deputy with a gang assignment testified that defendant’s residence had been the

subject of two recent drive-by shootings. He testified that he had had encounters with

several other members of the Headhunters gang at the residence, and that defendant…