This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.


Modification: People v. Ramirez

Lower Court

Alameda County Superior Court

Lower Court Judge

Jon R. Rolefson
Death penalty judgment was upheld because trial court's instruction under CALCRIM No. 521, modified by Penal Code Section 189 did not amount to error.



Court

CASC

Cite as

2021 DJDAR 3532

Published

Apr. 16, 2021

Filing Date

Apr. 14, 2021

Opinion Type

Modification

Disposition Type

Affirmed


SUPREME COURT OF CALIFORNIA

 

THE PEOPLE,

Plaintiff and Respondent,

v.

IRVING ALEXANDER RAMIREZ,

Defendant and Appellant.

 

No. S155160

 

Alameda County Superior Court

151080

Filed April 14, 2021

 

ORDER MODIFYING OPINION AND

DENYING PETITION FOR REHEARING

 

THE COURT:

The opinion in this matter filed January 28, 2021, and appearing at 10 Cal.5th 983, is modified as follows:

In the first full paragraph on page 1018, the second to last sentence, beginning "But on the basis of," is modified to read:

 

But on the basis of "our own experience and common sense" regarding the likely impact of this particular courtroom scene on the jury, we cannot say that the risk of undue influence here was unacceptably high.

 

This modification does not affect the judgment.

The petition for rehearing is denied.

#277149

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390