People v. Sheppard CA2/2

Filed 5/3/22 P. v. Sheppard CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B314899

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA034259) v.

LAMONT SHEPPARD,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Laura R. Walton, Judge. Affirmed.

Jonathan E. Demson, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Amanda V. Lopez and Gary A. Lieberman, Deputy Attorneys General, for Plaintiff and Respondent. ______________________________

In 1996, a jury convicted defendant and appellant Lamont Sheppard of two counts of attempted murder (Pen. Code, §§ 664/187, subd. (a)),1 one count of assault with a firearm (§ 245, subd. (a)(2)), and one count of discharge of a firearm with gross negligence (§ 246.3). As to the attempted murder counts, the jury found true the allegations that the offenses were committed willfully, deliberately, and with premeditation (§ 664, subd. (a)), and that a principal was armed with a firearm (§ 12022, subd. (a)(1)). The jury found not true the allegations that defendant personally used a firearm or that he personally inflicted great bodily injury. Defendant was sentenced to state prison for two consecutive life terms with the possibility of parole, plus three years four months. (People v. Sheppard (Jan. 14, 1999), B108626 [nonpub. opn.], at pp. 1–2.) Defendant appealed, and on January 14, 1999, we affirmed the judgment. (People v. Sheppard, supra, B108626, at p. 19.) In 2015, defendant filed a request for resentencing pursuant to Proposition 47. (People v. Sheppard (Oct. 31, 2016), B270216 [nonpub. opn.], at p. 2.) The trial court denied his resentencing request, and on October 31, 2016, we affirmed the trial court’s order. (Id. at p. 5.) In June 2021, defendant filed a petition for resentencing pursuant to section 1170.95 and requested the appointment of counsel. The trial court denied the petition without appointment of counsel on the ground that section 1170.95 does not apply to attempted murder convictions.