PEOPLE v. RAMIREZ










Filed 3/16/11






CERTIFIED FOR PUBLICATION





IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, v. JOSE ALFREDO RAMIREZ, Defendant and Appellant.

B220528 (Los Angeles County Super. Ct. No. BA330274)

APPEAL from a judgment of the Superior Court of Los Angeles County, Robert J. Perry, Judge. Affirmed as modified and remanded with directions.
Carlo A. Spiga and Grace E. Ayers for Defendant and Appellant.
Kamala Harris and Edmund G. Brown, Jr., Attorneys General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Lance E. Winters and Thomas C. Hsieh, Deputy Attorneys General, for Plaintiff and Respondent.

Appellant Jose Alfredo Ramirez appeals from the judgment entered following his conviction by jury of three counts of attempted willful, deliberate, and premeditated murder (Pen. Code, §§ 664/187),[1] with the finding that he personally discharged a firearm which caused great bodily injury to one of the victims (§ 12022.53, subd. (d)). The jury also concluded appellant committed the crimes with the intent to benefit a criminal street gang. (§ 186.22, subd. (b)(1)(C).) Appellant was sentenced to three consecutive life terms for the attempted murders (he must serve a minimum of 15 calendar years for each term before becoming eligible for parole) and three consecutive 25 year-to-life terms for the firearm enhancement. He appeals, contending trial counsel rendered ineffective assistance, the court erred in permitting the preliminary testimony of a witness to be read to the jury, and his sentence constitutes cruel and unusual punishment. Respondent contends the abstract of judgment fails to accurately reflect the court's imposition of certain fees. We conclude the abstract of judgment must be corrected, and affirm the judgment as modified.

FACTUAL AND PROCEDURAL BACKGROUND

I. The Prosecution Case
The three victims, Leonel â€