People v. Ramirez CA5

INTRODUCTION

In 2019, defendant Jeronimo Ismael Tomas Ramirez was arrested in connection with a residential burglary and sexual assault of the 89-year-old homeowner and a separate residential burglary committed shortly thereafter several miles away. Defendant was charged by information with one count of forcible sexual penetration (Pen. Code, § 289, subd. (a)(1)(A); count 1),1 one count of assault with intent to commit rape during the commission of first degree burglary (§ 220, subd. (b); count 2), two counts of first degree burglary (§§ 459/460, subd. (a); counts 3 & 6), one count of assault with intent to commit rape (§ 220, subd. (a)(1); count 4), and one count of elder abuse (§ 368, subd. (b)(1); count 5). As to count 1, the information alleged the offense was committed during the commission of burglary, for the purpose of One Strike law sentencing. (§ 667.61, subd. (e)(2).) As to count 3, the information alleged the offense was committed when another person other than an accomplice was present in the residence. (§ 667.5, subd. (c)(21).) In 2021, the jury convicted defendant on all six counts and found the allegations attached to counts 1 and 3 true. The trial court imposed…