People v. Sheed CA2/8

Filed 2/26/26 P. v. Sheed CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 B341987

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. A650993) v.

DONNY KAY SHEED,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Teresa P. Magno, Judge. Reversed and remanded with directions.

Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Steven D. Matthews and David A. Wildman, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

We review an order denying Donny Kay Sheed’s motion to vacate his conviction based on newly discovered evidence of factual innocence, pursuant to Penal Code1 section 1473.7, subdivision (a)(2). We reverse the order because Sheed was entitled to a hearing in the trial court to consider his eligibility for relief under section 1473.7, subdivision (d). FACTS AND PROCEDURAL BACKGROUND On May 3, 1989, pursuant to a plea agreement, Sheed pleaded no contest to one count of forcible oral copulation in violation of section 288a, subdivision (c) and one count of forcible rape in violation of section 261, subdivision (a)(2). Under the terms of the plea bargain, Sheed agreed to a three-year term of imprisonment, plus the low term of five years for violating the terms of his probation. On May 17, 1989, the trial court sentenced Sheed to a concurrent term of three years in prison on each of the two counts. Over three decades later, on June 6, 2024, Sheed filed a motion pursuant to section 1473.7, subdivision (a)(2), to vacate his prior conviction based on newly discovered evidence of actual innocence, including that he was forced into a plea by his attorney, who rendered ineffective assistance. Sheed waived his personal presence at the hearing on the motion because he was “otherwise in custody” at Salinas Valley State Prison on an unrelated matter. Sheed also requested counsel “upon a finding by the court that there is a prima facie case for relief,” stating he was “indigent and . . . cannot afford to hire a lawyer.”