People v. Ramirez CA2/5
Opinion
Opinion
FACTS
On September 1, 1996, Carlos Salgado died from gunshot wounds.2 The District Attorney charged Roberto Esquivel and Ramirez with Salgado’s murder. At trial, the evidence showed Esquivel fired four fatal shots at Salgado, while Ramirez drove the car in a drive-by shooting. A jury found Ramirez guilty of first degree murder (§ 187, subd. (a).) The jury also found true that a principal in the murder was armed with a deadly weapon (§ 12022, subd. (a)(1)) and the murder was intentional and perpetrated by means of discharging a firearm from a motor vehicle. (§ 190.2, subd. (a)(21).)
Effective June 30, 2022, Penal Code section 1170.95 was renumbered section 1172.6, with no change in text (Stats. 2022, ch. 58, § 10). For convenience, we continue to refer to the former number in this opinion. All further statutory references are to the Penal Code.
This truncated recitation of the facts of the underlying case is taken from the opinion affirming the judgment against Ramirez, People v. Ramirez (Dec. 18, 1998, B118111) [nonpub. opn.].
2 On February 19, 2020, Ramirez filed a petition for resentencing pursuant to section 1170.95. In the form petition, Ramirez indicated he…