P. v. Gray

Filed 7/20/06 P. v. Gray CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

George Cleveland Gray was convicted by a jury of attempted murder and robbery. In this appeal, he claims (1) the victim's medical records were improperly admitted into evidence, (2) a prior conviction was improperly used to impeach his testimony, (3) the victim's psychiatric records should have been produced to the defense, and (4) the prosecutor committed misconduct during jury voir dire. Defendant claims each of these errors standing alone warrant reversal, but if not separately, then in their cumulative effect. He also argues, and the People concede, that there was insufficient evidence to support two five-year sentence enhancements. We order the enhancements stricken, modify the term of defendant's imprisonment to 39 years to life, and otherwise affirm the judgment.

FACTUAL BACKGROUND

I. Witness Jeremy Meyer

Jeremy Meyer was returning home on the afternoon of February 22, 2003, when he spotted some debris in the alley. It looked like â€