People v. Ramirez CA2/5


Filed 10/28/20 P. v. Ramirez CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE THE PEOPLE, B296793 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA125627) v. ENEDINA RAMIREZ, Defendant and Appellant. APPEAL from an order of the Superior Court of the County of Los Angeles, Michael A. Cowell, Judge. Affirmed. Law Office of Gary Finn and Gary Finn for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Steven D. Matthews and Analee J. Brodie, Deputy Attorneys General, for Plaintiff and Respondent. I. INTRODUCTION Defendant Enedina Ramirez, a Mexican citizen, pleaded no contest in an “open plea” to charges of corporal injury to a cohabitant or child’s parent and assault with a deadly weapon. She appeals from an order denying her subsequent motion to withdraw her plea and vacate her conviction. We affirm. II. BACKGROUND A. Underlying Conviction On July 9, 2012, defendant was arrested for stabbing R.R., the father of defendant’s two children.1 According to the testimony at the preliminary hearing, on the day of the incident, defendant and R.R. resided in the same residence, but in different bedrooms. Early in the morning of July 9, 2012, defendant walked into R.R.’s bedroom holding a knife. The two had quarreled earlier. R.R., who was lying on his bed, saw the knife in defendant’s hand and pulled his legs up defensively, resulting in his sustaining stab wounds to both legs. R.R. was transported to and treated at a hospital. On August 13, 2012, the Los Angeles County District Attorney filed an information charging defendant with inflicting corporal injury on a cohabitant or child’s parent (Pen Code, 1 At the time of her offenses, defendant was pregnant with the second of her and R.R.’s two children. 2 § 273.5, subd. (a),2 count one) and assault with a deadly weapon (§ 245, subd. (a)(1), count two). The information further alleged that defendant had personally used a deadly and dangerous weapon in connection with count one (§ 12022, subd. (b)(1)) and had personally inflicted great bodily injury on R.R. in connection with count two (§ 12022.7, subd. (a)). On the first day of her scheduled trial, defendant pleaded no contest before Commissioner Michael L. Schuur (the sentencing court). Before entering her plea, defendant completed a “Felony Advisement of Rights, Waiver, and Plea Form,” in which she initialed the box indicating that she understood the consequences of a no contest plea, including the possibility of deportation from the United States and exclusion from reentry. She also acknowledged that her plea was being made freely, voluntarily, and with knowledge of all matters ...

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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals