P. v. Ramirez

P. v. Ramirez

Filed 1/16/07  P. v. Ramirez CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

            APPEAL from a judgment of the Superior Court of Los Angeles County.  Burt  Pines, Judge.  Reversed with directions.

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            Waldemar D. Halka, under appointment by the Court of Appeal, for Defendant and Appellant.

            Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Lawrence M. Daniels, Deborah J. Chuang and Mary Sanchez, Deputy Attorneys General, for Plaintiff and Respondent.

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            We review this case for the second time.  The first jury convicted Andrew Ramirez of five counts of committing a lewd act on a child under 14 years old (Pen. Code, § 288, subd. (a)), and the court imposed a 14-year sentence.  On Ramirez' first appeal we reversed the judgment because â€