People v. Ray CA1/5

Filed 9/13/23 P. v. Ray CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, A166077 Plaintiff and Respondent, v. (Alameda County Super. Ct. No. 153993A) EDWARD VINCENT RAY, JR., Defendant and Appellant.

Edward Vincent Ray, Jr. (appellant) appeals from the trial court’s denial of his motions for postconviction discovery (Pen. Code, § 1054.91) and record correction. We reverse in part. BACKGROUND “Between July 12, 2005, and August 27, 2006, the Ray family (immediate and extended) engaged in a prolific and profitable enterprise robbing a variety of establishments, primarily convenience stores, in Oakland, Alameda, and Hayward.” (People v. Ray, Jr. (Nov. 23, 2009, A117630) [nonpub. opn.].) Appellant and his son were tried together, and

1 All undesignated section references are to the Penal Code.

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“[appellant’s] daughter, Melissa Ray (Melissa) and her boyfriend Larry Jamale Carrington (Carrington) were also alleged to have participated in certain of these offenses.” (Ibid.) Appellant was convicted of 21 counts of second degree robbery with firearm and great bodily injury enhancements, and was sentenced to 38 years 4 months in state prison. (Ibid.) This court affirmed the judgment. (Ibid.) In February 2022, appellant filed a motion in propria persona for postconviction discovery, seeking nine items. Following the People’s opposition and appellant’s response, the court denied the motion. In July 2022, appellant filed a motion in propria persona to correct the record. The court denied the motion. DISCUSSION I. Postconviction Discovery Appellant challenges the trial court’s denial of his discovery motion as to five of the nine requested items.2 A. Legal Background Section 1054.9, subdivision (a), provides, “In a case in which a defendant is or has ever been convicted of a serious felony or a violent felony resulting in a sentence of 15 years or more, upon the prosecution of a postconviction writ of habeas corpus or a motion to vacate a judgment, or in preparation to file that writ or motion, and on a showing that good faith efforts to obtain discovery materials from trial counsel were made and were unsuccessful,[3] the court shall, except as provided in subdivision (b) or (d)