People v. Ramnanan CA4/2

I.

INTRODUCTION

Defendant and appellant Andre Ramanan appeals from the trial court’s denial of 1 his petition for resentencing pursuant to Penal Code section 1170.95. He contends the

court erred in denying his petition finding him ineligible for relief as a matter of law

based on the jury’s special circumstances finding. We disagree and affirm the order.

II.

2

FACTUAL AND PROCEDURAL BACKGROUND

Lee and Peggy Williams (collectively “Williams”) lived in Yermo. They owned

two horses, a horse trailer, a white dually (double-wheeled) Ford pickup, a motor home,

and a blue 1981 Pontiac LeMans. On the evening of December 3, 1992, four people --

Ramnanan, Tammy [Gamache], Tammy’s husband, Richard Gamache (Richard), and

another person, a minor boy -- gained entrance to the Williamses’ house on the pretense

of needing to use the phone. After seizing the Williamses, the intruders ransacked the

house for money, guns, and other property. They then departed taking the victims with

them.

1 All future references are to the Penal Code unless otherwise stated. 2 The factual background is taken verbatim from our nonpublished opinion in defendant’s direct appeal. (See People v. Ramnanan…