P. v. Ramirez
A jury convicted Felix Rene Ramirez (appellant) of carrying a loaded firearm (Pen. Code, 12031, subd. (a)(1)[1](count 1); possession of a controlled substance (Health & Saf. Code, 11377, subd. (a) (count 2); and first degree murder ( 187, subd. (a) (count 3).) With respect to count 1, the jury found that the firearm was not registered to appellant in violation of section 12031, subdivision (a)(2)(F). With respect to count 3, the jury found true the allegations that appellant personally and intentionally discharged a firearm causing death ( 12022.53, subd. (d)) and the offense was committed for the benefit of a criminal street gang ( 186.22, subd. (b)(1)). Appellant waived a jury on the allegation that he was on bail when the murder was committed, and the trial court found the allegation to be true. ( 12022.1.) In count 3, the trial court sentenced appellant to 25 years to life for the murder, a consecutive term of 25 years to life for the personal firearm-use allegation pursuant to section 12022.53, subdivision (d), and a consecutive two years for the on-bail enhancement for a total sentence of 52 years to life on that count. The trial court noted appellants 15 year minimum for parole eligibility due to the gang enhancement. The court imposed the upper term of three years in count 1 and one third the midterm of two years (eight months) in count 2. The sentence in count 3 is to be served consecutively to the sentences in counts 1 and 2. The judgment is modified.
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