P. v. Ramirez CA6
A jury convicted defendant Jose Omar Ramirez of a number of crimes, including two counts of attempted first degree burglary with another person present (Pen. Code, §§ 664, 459, 667.5, subd. (c)(21)); resisting an executive officer in the performance of his duties under Penal Code section 69 (hereafter section 69); and resisting a peace officer under Penal Code section 148, subdivision (a) (hereafter section 148(a)). Ramirez contends on appeal that we must reverse his conviction of section 69 because of insufficient evidence; the trial court erred in failing to instruct the jury that section 148(a) is a lesser offense of section 69; and, if we uphold the section 69 conviction, we must strike the section 148(a) conviction because he cannot be convicted of both offenses. Ramirez also argues—and the People concede—that the enhancements under Penal Code section 667.5, subdivision (c)(21) do not apply to the crime of attempted burglary and must be stricken.
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