PEOPLE v. RAMIREZ
Filed 8/14/06
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION EIGHT
| THE PEOPLE, Plaintiff and Respondent, v. GIOVANNI RAMIREZ, Defendant and Appellant. | B186837 (Los Angeles County Super. Ct. No. LA047909-01) |
APPEAL from the judgment of the Superior Court of Los Angeles County. Jessica Silvers, Judge. Reversed and remanded with directions.
John P. Dwyer, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney 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.
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INTRODUCTION
Appellant Giovanni Ramirez pleaded nolo contendere to one count of armed robbery and evading arrest. As part of his plea agreement, two counts of carjacking and one count of unlawful driving were dismissed. He claims that before he entered his plea, the prosecutor should have provided to him a supplemental police report containing exculpatory information. 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.[1]
FACTUAL AND PROCEDURAL BACKGROUND
The complaint alleged five felony counts stemming from a group of crimes committed on January 1, 2005: (1) carjacking, (2) armed carjacking, (3) armed robbery, (4) unlawful driving of a vehicle, and (5) evading police.
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 threatened to kill 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€
