Ramirez

People v. Ramirez

Good Law
165 Cal. App. 3d 214·1985 Cal. App. LEXIS 1711·212 Cal. Rptr. 1
Court of Appeal of CaliforniaFebruary 5, 1985No. A026049California1,658 words

Opinion

Lead Opinion

Barrydeal, J.

A jury found appellants guilty of attempted forcible rape in concert (Pen. Code, §§ 664/261, subd. (2) 1 ), two counts of assault *217 with intent to commit oral copulation (§ 220), and two counts of forcible rape in concert (§§ 261, subd. (2), 264.1). The jury acquitted appellants on a robbery count, found not true an allegation that appellant Bravo used a knife, and was unable to reach a verdict on a charge of kidnaping. Appellant Ramirez admitted a prior prison term. The court sentenced each appellant to a prison term totaling 15 years. On appeal appellant Bravo contends that the case must be remanded for resentencing because of the trial court’s failure to state adequate reasons for its sentence choice. We find that the point is well taken as to both appellants.

The Facts

On the night of August 20-21, 1983, the victim, Irma E., a Sonoma State University student, age 27, was visiting her two sisters, Linda and Delme, in Salinas. The three women went to a local nightclub and left about closing time, at 2 a.m. After driving Delme home, Irma and Linda stopped at a supermarket parking lot in Salinas where people gathered on Saturday nights. They talked to some people for…

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