B332623
Cal. Ct. App.Feb 28, 2025Background
- Roy Eddie Ramos, Jr. was convicted of second degree murder for fatally stabbing Ron Quinones during an altercation at a riverbed encampment in Los Angeles County.
- No one witnessed the stabbing directly, but another resident, C.G., overheard the altercation and identified Ramos as the perpetrator.
- Ramos claimed self-defense, alleging Quinones attacked him first and choked him before Ramos used a knife; the jury rejected this defense.
- Ramos was also convicted of intimidating and dissuading C.G., the witness, via threats relayed through a third party (Tic), and received a total sentence of 53 years to life.
- On appeal, Ramos challenged the sufficiency of the evidence for murder, the court's self-defense instructions (notably mutual combat/initial aggressor), and the imposition of concurrent sentences for the witness-related convictions; he also sought correction of his name on the abstract of judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of Evidence for Murder | Evidence disproves self-defense/heat of passion | Prosecution failed to negate self-defense or imperfect self-defense | Evidence was sufficient to sustain second degree murder |
| Jury Instruction on Self-Defense | Mutual combat/initial aggressor instruction proper | No factual basis for those self-defense exceptions to be instructed | Instruction supported by sufficient evidence |
| Penal Code § 654 (multiple punishments) | Separate acts/intent justify concurrent sentences | Both witness intimidation/dissuading counts were single objective | Substantial evidence supports separate sentences |
| Correction of Abstract of Judgment | Name should be corrected to Roy Eddie Ramos, Jr. | Agrees with correction | Order to correct name on abstract of judgment |
Key Cases Cited
- People v. Edwards, 57 Cal.4th 658 (Cal. 2013) (sets out standard of review for sufficiency of evidence claims)
- People v. Thomas, 14 Cal.5th 327 (Cal. 2023) (addresses self-defense and imperfect self-defense standards)
- People v. Barnes, 42 Cal.3d 284 (Cal. 1986) (jury is sole judge of witness credibility)
- People v. Ross, 155 Cal.App.4th 1033 (Cal. Ct. App. 2007) (defines mutual combat for jury instruction purposes)
- People v. Jackson, 1 Cal.5th 269 (Cal. 2016) (intent/objective test for multiple punishment under Penal Code § 654)