Ramirez

Filed 11/23/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B306088

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA091171) v.

OMAR RIGO RAMIREZ,

Defendant and Appellant.

APPEAL from order of the Superior Court of Los Angeles County, Lee W. Tsao, Judge. Reversed. Joanna Rehm, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Idan Ivri and Michael Katz, Deputy Attorneys General for Plaintiff and Respondent.

_________________ Omar Rigo Ramirez appeals from a postjudgment order denying his petition for resentencing under Penal Code section 1170.951 as to his conviction of first degree murder under a theory of felony murder based on his participation in an attempted carjacking. After an evidentiary hearing, the trial court concluded Ramirez was not eligible for resentencing because he was a major participant in the underlying felony and acted with reckless indifference to human life, within the meaning…