People v. Ramirez CA2/1

BACKGROUND

I. Charges, Trials, and Direct Appeal

On December 28, 2008, Rodolfo Macias died as a result of gunshot wounds, and Raymond Salcedo lost an eye due to a gunshot to the head. A 2009 information charged Tomas, Jose Arnaud, and Dario with the murder of Macias (§ 187, subd. (a)), the willful, deliberate, premediated attempted murder (§§ 664 & 187, subd. (a)) of Salcedo, and aggravated mayhem (§ 205) as to Salcedo. As to all three counts, the information charged a gang enhancement (§ 186.22, subd. (b)(1)(C)), and alleged a principal personally and intentionally discharged a firearm which proximately caused great bodily injury or death to the victims (§ 12022.53, subds. (b)- (e)).

3 At his first trial, Tomas was tried with Arnaud by separate jury.3 Arnaud’s jury found him guilty of first degree murder, attempted murder, and mayhem, and found gang and firearm enhancement allegations to be true. Tomas’s jury could not reach a verdict and a mistrial was declared. At his second trial, Tomas was tried with Dario, using a single jury. The prosecution’s theory at this trial was that Arnaud was the shooter, and Tomas and Dario were his accomplices. The prosecution presented…