People v. Gray CA5

Filed 2/9/16 P. v. Gray CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F070151 Plaintiff and Respondent, (Fresno Super. Ct. No. F12902431) v.

COREY DANYELL GRAY, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Brian F. Alvarez, Judge. William A. Malloy, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo- Appellant/defendant Corey Danyell Gray pleaded no contest to second degree robbery and was sentenced to five years in prison pursuant to a negotiated disposition. On appeal, his appellate counsel has filed a brief that summarizes the facts with citations

* Before Levy, Acting P.J., Poochigian, J. and Detjen, J.

to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Defendant has filed a letter brief and contends he was forced to accept the plea. We affirm. FACTS1 At 5:00 p.m. on March 28, 2012, officers from the Fresno Police Department responded to a dispatch that a silent alarm had been activated at Don Roberto’s Jewelry Store. Officer Troy Miller arrived in the store’s parking lot within one minute of receiving the call. He immediately encountered a witness who reported that two suspects had just robbed the store, and they left in a black Chrysler. Officer Miller drove through the area but could not find the car. The witnesses at the store reported that two men entered the store wearing blue bandanas over their faces; one man had a handgun. The men ordered everyone to go to the back of the store. They took $479 in cash, used a hammer and the gun to break into the jewelry displays, took approximately $113,000 worth of jewelry, and ran out to a black car. The suspects left behind the hammer and some blood on the glass display cases. The store’s surveillance videotape depicted the two suspects and their black four- door Chrysler. A witness said the last digit on the license plate was “2.” A confidential citizen informant gave two names to the police and said they were possibly responsible for the robbery and were selling the stolen jewelry. On April 4, 2014, the police executed search warrants at the separate homes of the two men named by the confidential informant. These two men did not commit the robbery. During the course of the searches, however, the police obtained additional