P. v. Ramirez CA4/2
On a single day in September 2014, defendant and appellant Danny Ramirez participated with his cohort Carlos Chavira in armed robberies of two Metro PCS cellular stores. Defendant was found guilty of four counts of second degree robbery (Pen. Code, § 211) for his involvement in the two separate robberies. In addition, for each of the four counts, the jury found true the special allegation that a principal was armed with a firearm during the commission of the crime (§ 12022, subd. (a)(1)). Defendant was sentenced to a total term of nine years four months in state prison.
Defendant makes one claim on appeal, that the trial court’s denial of his motion to exclude evidence of the pretrial identifications and subsequent in-court identifications for one of the robberies violated his state and federal Constitutional rights to due process and a fair trial, requiring reversal of two of his robbery convictions.
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