People v. Ruiz CA2/6

Filed 3/29/22 P. v. Ruiz CA2/6 Opinion following transfer from Supreme Court

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B307717 (Super. Ct. No. 2014011115) Plaintiff and Respondent, (Ventura County)

v.

OPINION ON REMAND

FRANK RUIZ,

Defendant and Appellant.

Frank Ruiz appeals from the judgment entered after the trial court resentenced him upon remand by this court. In our original opinion (People v. Ruiz (Feb. 10, 2020, B291732) [nonpub. opn.] (Ruiz I)), we directed the trial court to exercise its discretion whether to strike a prior serious felony conviction and a firearm- use enhancement.1 On remand, the trial court refused to strike either. A second appeal…