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The People v. Jose David Ramos

October 19, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
JOSE DAVID RAMOS, DEFENDANT AND APPELLANT.



(Super. Ct. No. CM029271)

The opinion of the court was delivered by: Hull J.

P. v. Ramos CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Jose David Ramos entered a plea of no contest to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a); count 2) and admitted an on-bail enhancement (Pen. Code, § 12022.1) in exchange for dismissal of the remaining counts.

The trial court sentenced defendant to state prison for an aggregate term of three years, that is, the upper term for the possession offense, and a stayed two-year term for the enhancement, to be served concurrent to the sentence defendant was serving. The court awarded 54 actual days and 54 conduct days for a total of 108 days of presentence custody credit.

Defendant appeals. He contends the sentence must be vacated and the matter remanded for a new sentencing hearing because the trial court erroneously assumed that it was bound by a Stanislaus County judgment which ordered that the sentence in that case was to run concurrent to the sentence in the present case. Defendant also contends that defense counsel was ineffective for failing to request consecutive sentencing which would have resulted in a substantially shorter aggregate prison sentence. We affirm the judgment.

FACTS AND PROCEEDINGS

On March 12, 2008, defendant was arrested on drug charges in the current case. The next day, he was released from jail. On August 7, 2008, defendant entered his plea. On October 2, 2008, defendant failed to appear for sentencing. His bail was forfeited and a no-bail bench warrant was issued for his arrest.

On July 25, 2009, defendant was arrested for transportation of methamphetamine in Stanislaus County. That same day, Butte County's no-bail hold was placed on defendant's custody status.

On February 1, 2010, the district attorney requested and the trial court signed an Order for Production of Prisoner and Return from Stanislaus County Jail.

On June 8, 2010, on the Stanislaus County charge, defendant entered a no-contest plea to transportation of a controlled substance and was sentenced to state prison for three years with presentence custody credit from July 25, 2009, to June 8, 2010. Stanislaus County ordered that the sentence run concurrent to the yet-to-be-determined sentence in the present case.

On July 20, 2010, the trial court signed an Order for Production of Prisoner and Return from the California Department of ...


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