People v. Shipp CA2/1

Filed 11/20/25 P. v. Shipp CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B340226

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. A020300) v.

JERALD SHIPP,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Chet L. Taylor, Judge. Affirmed. Jonathan E. Demson, under appointment by the Court of Appeal; Jerald Shipp, in pro. per., for Defendant and Appellant. No appearance for Plaintiff and Respondent. __________________________________

Jerald Shipp appeals from an order denying his petition for resentencing (Pen. Code,1 § 1172.6) after an evidentiary hearing. We resolve this case by memorandum opinion because it “raise[s] no substantial issues of law or fact.” (Cal. Stds. Jud. Admin., § 8.1.)

BACKGROUND A. Guilty Plea On October 23, 1979, Jerald Shipp waived his constitutional rights and pleaded guilty to one count of first degree murder (Pen. Code, § 187, subd. (a)). He also admitted that he committed the murder during the commission and attempted commission of the crime of robbery (§ 190.2, subd. (a)(17)) and that he used a handgun (§ 12022.5). During the plea hearing, the following exchange occurred between the prosecutor and Shipp: “[The prosecutor]: Is it true, Mr. Shipp, that on the 2nd day of August of 1979, you entered the King Arthur Steak House located in Long Beach, that you were armed with a handgun, that your intent on entering was to rob the people inside, that once inside you began to rob some of the people when the man by the name of Carl Duggins refused to give up his property, and that you and one of your confederates then shot this man because he was resisting. [¶] Is all that true? “[Shipp]: Yes.” The court sentenced Shipp to life without the possibility of parole.