El Pueblo De Puerto Rico v. Gonzalez Ramos, Alexander
KLCE202500062
Tribunal De Apelaciones De Pue...Feb 24, 2025Background
- Alexander González Ramos was convicted by a non-unanimous jury in 2006 of statutory murder, conspiracy, and robbery under the 1974 Puerto Rico Penal Code.
- In 2024, González Ramos filed a motion for a new trial under Rule 192.1 of Puerto Rico Criminal Procedure, arguing his conviction violated his constitutional rights in light of Ramos v. Louisiana (2020), which requires unanimous jury verdicts in criminal cases.
- González Ramos also argued that recent changes in the Puerto Rico Penal Code (2012) and the principle of favorability should be applied retroactively to his case.
- The Court of First Instance denied his motion, finding no constitutional violation and determining that neither the new Penal Code nor United States Supreme Court precedent applied retroactively in his situation.
- González Ramos sought review (certiorari) from the Puerto Rico Court of Appeals, challenging the denial of his new trial motion on several legal grounds.
Issues
| Issue | González Ramos's Argument | People of Puerto Rico's Argument | Held |
|---|---|---|---|
| Application of Ramos v. Louisiana retroactively | Ramos v. Louisiana requires unanimous jury verdicts, thus his 9-3 conviction is void. | Ramos is not retroactive to cases where the conviction is final. | Not retroactive; conviction stands. |
| Retroactivity of new Penal Code's favorability principle | The 2012 Penal Code's principle of favorability should apply to his prior conviction. | Favorability is limited to cases under codes in force at the time of the offense; not retroactive. | Not applicable retroactively. |
| Proper resolution of grounds for new trial | The trial court did not resolve conflicting jurisprudence about statutory murder under the 2004 Code. | The conviction is under the 1974 Code, and subsequent changes do not apply. | No error in the trial court's refusal. |
| Application of federal watershed rule under Teague v. Lane | The rule in Ramos is substantive, watershed, and should apply retroactively to his case. | Teague bars retroactive application for cases with final convictions. | Not a watershed rule; no retroactivity. |
Key Cases Cited
- Rivera v. Arcos Dorados, 212 DPR 194 (P.R. 2023) (standards for certiorari review in Puerto Rico)
- IG Builders v. BBVAPR, 185 DPR 307 (P.R. 2012) (scope and discretion in certiorari)
- Pueblo v. Díaz de León, 176 DPR 913 (P.R. 2009) (criteria for certiorari discretion)
- García v. Padró, 165 DPR 324 (P.R. 2005) (when certiorari may be issued)