People v. Ramirez CA4/2

I.

INTRODUCTION

Defendant and appellant Omar Ramirez (Omar) appeals the trial court’s summary 1 denial of his petition for resentencing pursuant to Penal Code section 1170.95. He

argues the trial court erred in denying his petition without issuing an order to show cause

and holding an evidentiary hearing because he averred to facts rendered him eligible for

resentencing and the record does not indisputably show he is ineligible. The record of

conviction shows Omar is ineligible for resentencing as a matter of law. We therefore

affirm the court’s order.

II.

FACTUAL AND PROCEDURAL BACKGROUND

During an encounter at a bar in 2006, Omar and his brother, codefendant Jonathan

Julian Ramirez (Jonathan) attacked and killed Enrique Bermudez (Bermudez), a 72-year-

old man who had asked them to be more respectful to their stepfather who was with them

at the bar. Defendants fled to Mexico the next day. After some years, they were

extradited and returned to the United States to stand trial in 2010.

1 That section has since been renumbered as Penal Code section 1172.6. (Stats. 2022, ch. 58, § 10.) However, because that change was nonsubstantive and it occurred after briefing in…