People v. Fay CA4/1

Filed 11/25/24 P. v. Fay CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D083969

Plaintiff and Respondent,

v. (Super. Ct. No. SCE357523) RORY PATRICK FAY,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Daniel G. Lamborn, Judge. Affirmed. Joshua L. Siegel, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. Defendant Rory Patrick Fay appeals from an order after an evidentiary hearing denying his petition for resentencing relief under Penal Code

section 1172.6.1 His appointed counsel filed an opening brief raising no arguable issues and requesting that we exercise our discretion to review the record for potential issues under People v. Delgadillo (2022) 14 Cal.5th 216

1 Further undesignated statutory references are to the Penal Code.

(Delgadillo), People v. Wende (1979) 25 Cal.3d 436 (Wende), and Anders v. California (1967) 386 U.S. 738 (Anders). We informed Fay of his right to personally file a brief, and he has not done so. We have independently reviewed the record and find no arguable issues that would result in a modification or reversal of the order denying resentencing relief. Accordingly, we affirm. FACTUAL AND PROCEDURAL BACKGROUND In March 2016, Fay was charged with one count of first degree murder (§ 187, subd. (a)) with allegations that he personally used a deadly and dangerous weapon (§ 12022, subd. (b)(1)) and the victim was 60 years of age or older (§ 1203.09, subd. (a)). It was also alleged that he had one prison prior (§ 667.5, subd. (b); § 668) and three probation denial priors (§ 1203, subd. (e)(4)). At the preliminary hearing, one of the paramedics who discovered the victim’s body testified. He stated that he found the victim after responding to a 911 call at the victim’s home. The victim had various blunt force injuries to his head and arms. It also appeared that the victim’s house had been ransacked. The water lines in the kitchen and bathrooms had been cut, and there was water on the floor throughout the house. Fay’s prior girlfriend testified that the victim was a friend of Fay’s family. Around 2013, Fay mentioned to her that he was planning to steal valuable items from the victim, and that he wanted to inject the victim with heroin to make it look like an overdose. Fay’s sister-in-law also testified that in 2015, he told her that he knew how to get into the victim’s home, and that he had stolen items from the victim before. Fay admitted to his sister-in-law that he went to the victim’s home on one occasion while the victim was asleep and ended up hitting him with the butt of a gun.