People v. Ramos CA5

Good Law
Court of Appeal of CaliforniaSeptember 12, 2022F083939California1,602 words

Opinion

Opinion

STATEMENT OF THE CASE

A. The 1997 Change of Plea and Sentence The Madera County District Attorney alleged in an information that Ramos committed two counts of assault with a firearm (§ 245, subd. (a)(2); counts 1 & 2), and alleged enhancements to counts 1 and 2 for personal use of a firearm in commission of a felony (§ 12022.5, subds. (a), (d).) On July 23, 1997, Ramos pled no contest to count 1 and admitted the firearm enhancement in exchange for a five-year maximum sentence and dismissal of count 2. On September 16, 1997, the trial court sentenced Ramos to serve five years in state prison, consisting of two years on count 1 and three years on the firearm enhancement.2 On October 14, 1998, this Court affirmed the judgment. (People v. Ramos (Oct. 14, 1998, F029574) [nonpub. opn.].) B. The 2021 Section 1473.7 Motion to Vacate On October 28, 2021, Ramos filed a section 1473.7 motion to vacate his conviction on the grounds of inadequate advisement regarding immigration consequences. On February 4, 2022, the trial court found Ramos’s motion factually unsupported and untimely.

STATEMENT OF FACTS

A. The Facts Underlying the Change of Plea On July 23, 1997, Ramos stipulated to the…

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