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People v. Ramirez

California Court of Appeals, Second District, Sixth Division
Apr 20, 2009
No. B209723 (Cal. Ct. App. Apr. 20, 2009)

Opinion

NOT TO BE PUBLISHED

Superior Court County, No. BA318849 of Los Angeles, Richard M. Goul, Judge

Lori E. Kantor, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.


GILBERT, P.J.

Hector Ramirez appeals a judgment of conviction of offering to sell cocaine base. (Health & Saf. Code, § 11352, subd. (a).)

An amended information charged Ramirez with selling cocaine base (count 1) and offering to sell cocaine base (count 2), each count in violation of Health and Safety Code section 11352, subdivision (a). The information alleged that Ramirez suffered two prior serious felony convictions and served a prior prison term. (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d), 667.5, subd. (b).) Prior to trial, the prosecutor struck one prior serious felony strike allegation.

The jury found Ramirez guilty of count 2, and did not make a finding regarding count 1. In a separate proceeding, Ramirez admitted suffering a prior serious felony conviction. The trial court denied Ramirez's motion to strike the prior felony conviction pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497.

The trial court sentenced Ramirez to a low-term sentence of three years, which it then doubled as a second strike conviction. The court struck the prior prison term allegation and awarded Ramirez 327 days of presentence custody credit, consisting of 219 actual days and 108 days of conduct credit. The court imposed only a $200 parole revocation restitution fine. (Pen. Code, § 1202.45.)

We appointed counsel to represent Ramirez in this appeal. After counsel's examination of the record, she filed an opening brief raising no issues.

On February 9, 2009, we advised Ramirez that he had 30 days within which to personally submit any contentions or issues that he wished to raise on appeal. We have not received a response.

We have reviewed the entire record and are satisfied that Ramirez's attorney has fully complied with her responsibilities and that no arguable issue exists. (People v. Wende (1979) 25 Cal.3d 436, 441.)

The judgment is affirmed.

We concur: COFFEE, J., PERREN, J.


Summaries of

People v. Ramirez

California Court of Appeals, Second District, Sixth Division
Apr 20, 2009
No. B209723 (Cal. Ct. App. Apr. 20, 2009)
Case details for

People v. Ramirez

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. HECTOR RAMIREZ, Defendant and…

Court:California Court of Appeals, Second District, Sixth Division

Date published: Apr 20, 2009

Citations

No. B209723 (Cal. Ct. App. Apr. 20, 2009)