People v. Ramirez CA3

BACKGROUND

After a jury found defendant guilty of numerous felonies, the trial court sentenced him to an aggregate term of life without the possibility of parole (LWOP), plus 75 years to life to run consecutive to the LWOP, and a determinate term of 29 years to run consecutive to the LWOP and 75-year-term. While serving his term, defendant filed a motion in propria persona pursuant to Penal Code section 1405, requesting the trial court appoint him counsel in order to prepare a motion for postconviction DNA testing. 1 The motion claimed that defendant was not the perpetrator of the crimes for which he was convicted, that “DNA testing is critical and relevant to [defendant’s] assertion of his innocence,” and that “the testing of ballistics, shell casings, finger prints, and gun powder residue will reveal that [defendant] is not the perpetrator of the crimes.” The motion further alleged defendant was indigent and had not previously been appointed counsel under section 1405. The trial court denied defendant’s motion without stating any reasons. Defendant timely appealed.2 After several continuances of the briefing schedule, the case was fully briefed on April 29, 2022, and assigned…