People v. Ramirez CA6

I. BACKGROUND

A. Ramirez’s Offenses, Conviction, and Sentence2 On March 18, 2002, Ramirez was charged by information with forcible spousal rape (§ 262, subd. (a)(1); count 1), forcible oral copulation (former § 288a, subd. (c)(2)); count 2), and infliction of corporal injury on a spouse (§ 273.5, subd. (a); count 3). As to all three counts, it was alleged that Ramirez personally used a deadly or dangerous weapon (§ 12022.3) and inflicted great bodily injury (§§ 12022.7, 12022.8). It was also alleged that Ramirez had a prior strike (§§ 667, subd. (b)-(i), 1170.12) and a prior serious felony conviction (§ 667, subd. (a)). On April 26, 2002, a jury convicted Ramirez of all the charged counts. The trial court sentenced Ramirez to 50 years to life on count 1, 30 years to life on count 2, and 18 years for count 3, for an aggregate term of 80 years to life consecutive to 18 years.

2 The underlying facts of Ramirez’s offenses are not relevant to the issues raised on appeal. A detailed recitation of the factual and procedural background of this case can be found in this court’s unpublished opinion in Ramirez’s prior appeal (People v. Ramirez (April 21, 2004, H024432) [nonpub. opn.]). We…