People v. Ramos CA2/3

INTRODUCTION

In 2019, a jury found defendant and appellant Luis Ramos guilty of first degree murder and four counts of attempted murder. In 2022, Ramos filed a petition for resentencing under Penal Code section 1172.6.1 The trial court denied the petition on the grounds that Ramos’s trial took place after changes in the law concerning murder and that any arguments Ramos had with respect to resentencing could be addressed in his direct appeal. Ramos contends that the court erred in its reasoning and in denying his petition without appointing counsel. The Attorney General agrees that the court erred in denying the petition without appointing counsel but contends that any error was harmless because Ramos was not entitled to relief under section 1172.6 as a matter of law. We agree that the court erred, both in failing to comply with the procedures set forth in section 1172.6 and in its conclusion that Ramos’s arguments regarding resentencing would be, or could have been, addressed on a direct appeal from his convictions. Because there is no basis in the record to conclude that the court considered the record of conviction or made any determination as whether Ramos’s petition made a…