People v. Ramirez CA5

FACTS AND PROCEDURAL HISTORY

Ramirez was charged, in a second-amended information filed in the Madera County Superior Court, with residential burglary (Pen. Code, § 459,2 count 1); robbery (§ 211, count 2); two counts of assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4), counts 3 & 4); and making criminal threats (§ 422, count 5).3 A jury found Ramirez guilty on counts 1, 2, and 5; he was also found guilty of the lesser offense of misdemeanor assault on counts 3 and 4. (§ 241, subd. (a).) The court sentenced Ramirez to eight years in prison, as follows: 16 months for residential burglary, six years for robbery, and eight months for making criminal threats. On March 19, 2012, Miguel Rodriguez and his sister, Ruby Rodriguez, saw Ramirez and Isaac Camacho at a window of their apartment. Ruby and Miguel then

1Armando Ramirez, coappellant in this matter, voluntarily dismissed his appeal on May 22, 2015. 2Subsequent statutory references are to the Penal Code unless otherwise specified. 3The second-amended information also charged Armando Ramirez with counts 1, 2, 3, and 5, and Erick Miranda with counts 1, 3, 4, and 5. Armando Ramirez was found…