Modification: People v. Ramos

THE PEOPLE,

Plaintiff and Respondent,

v.

ROBERT RAMIREZ RAMOS,

Defendant and Appellant.

No. F080916

(Super. Ct. No. VCF361905B)

California Courts of Appeal

Fifth Appellate District

Filed May 16, 2022

Order Modifying Opinion and Denying Rehearing

[No Change in Judgment]

The Court:

It is ordered that the partially published opinion filed herein on April 27, 2022, be modified as follows:

1. On page 2, the sixth sentence in the second paragraph beginning "He saw the black car" is modified to read as follows:

He saw the black car on the left side of his car and the back passenger window rolled down.

2. On page 17, the fifth sentence in the second paragraph beginning "In addition, both predicate offenses" is deleted and the following sentences inserted in its place:

In addition, the last of the predicate offenses must have "occurred within three years of the prior offense and within three years of the date the current offense is alleged to have been committed." The predicate offenses must have been committed by gang "members," and must have been for the "common[] benefit[] [of] a criminal street gang."

3. On page 20, the third sentence in the first paragraph beginning "Neither predicate offense" is modified to read as follows:

The last predicate offense did not occur within three years of the date the currently charged offense was committed---February 3, 2018---as required by amended section 186.22.

4. On page 20, the words of the first sentence of the second paragraph---"Excluding evidence of these offenses,"---are deleted and the word "Accordingly," inserted in their place.

Except for the modifications set forth, the opinion previously filed remains unchanged. There is no change in the judgment.

Respondent's petition for rehearing is denied.

PEÑA, Acting P. J.

WE CONCUR:

SMITH, J.

DE SANTOS, J.