People v. Cathy CA2/8

Filed 8/23/22 P. v. Cathy CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B311712

Plaintiff and Respondent, Los Angeles County Super. Ct. No. NA058508 v.

CHARLES RAY CATHY,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, William C. Ryan, Judge. Affirmed. Jenny M. Brandt, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Noah P. Hill, Supervising Deputy Attorney General, and Steven E. Mercer, Deputy Attorney General, for Plaintiff and Respondent. ____________________

Charles Ray Cathy appeals the trial court’s denial of his petition for resentencing under Penal Code section 1170.126. We affirm. Statutory citations are to the Penal Code. We grant Cathy’s March 18, 2022 unopposed request for judicial notice of a portion of the reporter’s transcript from his original trial. In 2004, a jury convicted Cathy of firing a handgun with gross negligence (§ 246.3) (count 1) and of being a felon in possession of a firearm (former § 12021, subd. (a)(1), now § 29800, subd. (a)(1)) (count 2). The opinion in Cathy’s direct appeal described the facts: “At around 4:30 a.m. on September 14, 2003, [] Cathy and Terence Crawford tried to force their way into the Long Beach apartment of Cathy’s former girlfriend, Patricia Manuel. They were stopped by Manuel’s adult son, Darryl Harris, who scuffled with Cathy. Harris pushed Cathy against a living room window, breaking it. Cathy told Crawford, ‘give me that,’ and Crawford handed something to Cathy. Harris ran back inside the apartment and locked the door. Manuel looked out her bedroom window and saw a grey car drive off, go past her apartment, then back up. Soon after, three gunshots were fired from a nearby driveway. The incident was witnessed by neighbor Dina Galindo. The police were called and responded so quickly they spotted Cathy and Crawford driving off. The officers stopped and searched the car, where they found a 10-shot, 9 mm Ruger handgun that was registered to Crawford. The gun had one bullet in the chamber and six in the magazine. Another fully loaded magazine was found nearby. Galindo identified Cathy and Crawford as the men she had seen trying to enter Manuel’s apartment and firing gunshots in the direction of that apartment.