People v. Ramirez CA2/1

BACKGROUND

This case grows out of events occurring on October 24, 2009, when Ramirez and a companion robbed a Radio Shack, shoved and moved two victims inside the store, and escaped in a car belonging to one of the victims. Ramirez was armed with a semiautomatic handgun. On March 22, 2010, Ramirez voluntarily walked into the Palmdale Sheriff’s Office and confessed to the robbery. In 2011, Ramirez pleaded no contest to one count of kidnapping in violation of section 207, subdivision (a), two counts of robbery in violation of section 211, and one count of grand theft auto in violation of section 487, subdivision (d)(1). As to each count, Ramirez admitted allegations pursuant to sections 12022.53, subdivision (b), and 12022.5, subdivision (a) that he personally used a firearm in committing the offenses. He was sentenced to a total term of imprisonment of 17 years. The sentence consisted of five years for the kidnapping, eight months for grand theft auto, and 11 years four months for firearm

Subsequent statutory references are to the Penal Code

2 enhancements. The court stayed the punishment for the two counts of robbery and the associated firearm enhancements. In a letter to…