People v. Ramirez CA1/4

facts necessary to resolve the appeal. (Cal. Stds. Jud. Admin., § 8.1; People v. Garcia (2002) 97 Cal.App.4th 847, 851.) All statutory references are to the Penal Code. By separate order filed this date, we dismiss as moot Ramirez’s petition for writ of habeas corpus (case No. A167863), which claims that counsel at the resentencing hearing was ineffective for failing to raise the issue of Ramirez’s age.

1 denial of Ramirez’s petition for resentencing under section 1172.6. After a contested evidentiary hearing, Ramirez contends the trial court erred in finding he was a major participant in the underlying armed robbery who acted with reckless indifference to human life, and in failing to address his age at the time the offenses were committed. Because Ramirez was entitled at the resentencing hearing to consideration of his age at the time of the offenses, we reverse and remand for further proceedings. “Section 1172.6 offers resentencing for petitioners” who faced murder charges under a felony murder theory but “have not been determined beyond a reasonable doubt to have the degree of culpability now required for a murder, attempted murder, or manslaughter conviction.” (People v.…