P. v. Ramirez 9/5/07 CA5

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: F050212

Case Date: 12/12/2007

Preview:Filed 9/5/07

CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT THE PEOPLE, F050212 Plaintiff and Respondent, (Super. Ct. No. MCR021366) v. JESSIE JOSE RAMIREZ, Defendant and Appellant. OPINION

APPEAL from a judgment of the Superior Court of Madera County. John W. DeGroot, Judge. Joseph C. Shipp, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez and Brian Alvarez, Deputy Attorneys General, for Plaintiff and Respondent. -ooOooImmediately after police announced themselves outside defendant Jessie Jose Ramirez's apartment and one officer knocked on a window, defendant fired a shotgun to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of parts I, II, III, and V of the Discussion.
*Pursuant

through the window from inside. The blast narrowly missed the officer. A standoff ensued during which defendant fired through his windows several more times while his wife and child were in the apartment with him. Finally, he surrendered to police. He was convicted of numerous charges, including attempted deliberate and premeditated murder of a police officer, and was sentenced to 30 years and four months in prison, plus a consecutive term of 15 years to life. Among other things, defendant argues on appeal that there was insufficient evidence of deliberation and premeditation and that the trial court improperly admitted evidence of his statement several years earlier that he would kill a police officer if necessary to avoid prison. We conclude there is no prejudicial error and affirm the judgment. We publish our discussion of one issue: whether negligent discharge of a firearm (Pen. Code,

Download P. v. Ramirez 9/5/07 CA5.pdf