P. v. Ramirez CA2/1
A jury found Robert Nico Ramirez (Ramirez) guilty of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1) ). In a separate and subsequent proceeding, Ramirez admitted to three prior convictions for serious and violent felonies. As a result, the trial court sentenced Ramirez to 40 years to life in state prison.
On appeal, Ramirez makes two central arguments. First, he contends that his counsel provided ineffective assistance that prejudiced his case; specifically, Ramirez maintains his counsel improperly told the jury that the abiding conviction necessary for a guilty verdict was akin to the certainty that jurors find in making everyday decisions. Second, Ramirez argues that the trial court erred by not giving the jury a unanimity instruction. We are not persuaded by either of these arguments.
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