People v. Ramirez CA5

INTRODUCTION

A jury convicted appellant Daniel Ramirez of second degree robbery (Pen. Code, § 212.5, subd. (c);1 count 1), dissuading a victim (§ 136.1, subd. (a)(1); count 2); and participating in a criminal street gang (§ 186.22, subd. (a); count 4).2 Associated with the robbery and dissuading a victim, it was found true that appellant committed the crimes for the benefit of, at the direction of, or in association with a criminal street gang (§ 186.22, subd. (b)(1)). For all three counts, the jury found true certain firearm enhancements. For dissuading the victim, appellant received an indeterminate prison sentence of seven years to life, enhanced by four years for the firearm. For the robbery, he received a consecutive determinate prison sentence of three years, enhanced by 10 years for the firearm. The court imposed two years in prison for his participation in a criminal street gang, which was stayed pursuant to section 654. Ten years were added to the robbery sentence for the gang enhancement, which was stayed pursuant to section 654. On appeal, appellant raises two issues. First, he contends the trial court misunderstood the law and believed it did not have discretion to…