PEOPLE v. RAMIREZ — Fear Not Law

PEOPLE v. RAMIREZ <h1>Filed 8/14/06</h1> CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT <table border="0" cellspacing="0" cellpadding="0"> <tr> <td width="319" valign="top"> THE PEOPLE, Plaintiff and Respondent, v. GIOVANNI RAMIREZ, Defendant and Appellant. </td> <td width="319" valign="top"> B186837 (Los Angeles County Super. Ct. No. LA047909-01) </td> </tr> </table> APPEAL from the judgment of the <a href="http://www.mcmillanlaw.us/">Superior Court of Los Angeles County</a>. Jessica Silvers, Judge. Reversed and remanded with directions. John P. Dwyer, under appointment by the <a href="http://www.fearnotlaw.com/">Court of Appeal</a>, for Defendant and Appellant. Bill Lockyer, <a href="http://www.mcmillanlaw.us/">Attorney</a> General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Keith H. Borjon and Sharlene A. Honnaka, Deputy Attorneys General, for Plaintiff and Respondent. _________________________ INTRODUCTION Appellant Giovanni Ramirez pleaded <a href="http://www.mcmillanlaw.us/">nolo contendere</a> to one count of <a href="http://www.fearnotlaw.com/">armed robbery and evading arrest</a>. As part of his plea agreement, two counts of <a href="http://www.mcmillanlaw.us/">carjacking</a> and one count of <a href="http://www.fearnotlaw.com/">unlawful driving</a> were dismissed. He claims that before he entered his plea, the prosecutor should have provided to him a supplemental police report containing <a href="http://www.mcmillanlaw.us/">exculpatory information</a>. This appeal follows the denial of his motion to withdraw his plea under Penal Code Section 1018. We reverse and remand to allow appellant the opportunity to withdraw his plea.<a href="#_ftn1" name="_ftnref1">[1]</a> FACTUAL AND PROCEDURAL BACKGROUND The complaint alleged five felony counts stemming from a group of crimes committed on January 1, 2005: <a href="http://www.mcmillanlaw.us/">(1) carjacking, (2) armed carjacking, (3) armed robbery, (4) unlawful driving of a vehicle, and (5) evading police</a>. 1. The Crimes as Described in the Initial Police Reports At 6:05 p.m. on January 1, 2005, a Mini Cooper automobile belonging to A.G and J.G. was carjacked. The Mini Cooper was boxed in by a Toyota Corolla and a pickup. A Black male exited the Corolla, pointed a gun at A.G., and demanded the car and her purse. A Hispanic male took her keys and purse and drove off in the Mini Cooper; the other vehicles followed. There were two additional unknown male suspects. J.G. later identified the gunman from a photo line-up as a gang member by the name of T-Mac. Another witness had seen T-Mac at 6:00 p.m. that evening near the location of the carjacking, driving a Toyota Corolla with three male Hispanic passengers. Later that same evening, a man approached Bryan B., pointed a gun at him, demanded his wallet, and <a href="http://www.sandiegohealthdirectory.com/">threatened to kill</a> him. After the victim handed over his personal property, the robber ran back to his waiting car and fled. Bryan B. described the car as a â€