People v. Gray CA5

Filed 10/4/23 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F085680 Plaintiff and Respondent, (Super. Ct. No. 16CMS-3062) v.

ISAAC WALTER GRAY, OPINION Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Kings County. Michael J. Reinhart, Judge. Laura P. Gordon, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Detjen, J. and Snauffer, J.

STATEMENT OF APPEALABILITY This appeal is from the trial court’s December 15, 2022, order denying Gray’s request for a Franklin1 hearing and appointment of counsel. (Pen. Code,2 § 2031.) The appeal is authorized by section 1237, subdivision (b). STATEMENT OF THE CASE On November 8, 2017, the Kings County District Attorney filed an information charging Gray with the murder of Lazaro Gonzalez Ramirez and personal infliction of great bodily injury (§§ 187, subd. (a), 12022.7, subd. (b); count 1). The offense was alleged to be a serious felony and a violent felony (§§ 1192.7, subd. (c)(8), 667.5, subd. (c)(8)). The information also charged Gray with misdemeanor resisting an officer (§ 148, subd. (a)(1); count 2). On July 1, 2019, Gray entered a plea of no contest to the murder charge, with an agreed upon sentence of 25 years to life and waiver of his appellate rights in exchange for the dismissal of the remaining allegations and count 2 along with the dismissal of the following cases: 16CMS-2945, 17CMS-2698, 17CMS-4175, and 17CMS-4178. On July 30, 2019, the trial court imposed the stipulated 25-years-to-life sentence. On November 9, 2022, Gray filed a motion for a Franklin hearing3 pursuant to section 3051 and for appointment of counsel. On December 15, 2022, Judge Michael J. Reinhart, who was also the sentencing judge, denied Gray’s motion without appointing counsel. The trial court’s detailed order specifically stated:

“Unlike the defendant in Franklin, [Gray] had the opportunity to put information on the record for a future youth offender parole hearing.