People v. Shelton CA1/4

Filed 9/29/22 P. v. Shelton CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, A163937 v. JOSEPH PERRY SHELTON, (Mendocino County Super. Ct. No. SCUK-CRCR-1981- Defendant and 74132) Appellant.

In 1981, a jury convicted defendant Joseph Perry Shelton of the first degree murder of Kevin Thorpe, the second degree murder of Laura Craig, two counts of kidnapping, two counts of theft, and two weapons charges. As to the murder of Thorpe, the jury was given two verdict forms, and it returned the verdict form finding Shelton guilty of willful, deliberate, and premeditated murder, but not felony murder. In 2015, 34 years after his trial, the Ninth Circuit granted in part Shelton’s habeas petition, holding that the prosecutor had violated Brady v. Maryland (1963) 373 U.S. 83 (Brady) by withholding impeachment evidence regarding co-participant Norman Thomas, “the only witness who provided direct evidence that Shelton premeditated and deliberated the murder of

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Thorpe.” (Shelton v. Marshall (9th Cir. 2015) 796 F.3d 1075, 1089, mod. 806 F.3d 1011 [amending only last sentence of earlier opinion] (Shelton I).) Although the court overturned Shelton’s first degree murder conviction because of the Brady violation, the court did not disturb any of the other convictions, as it found “extremely strong” supporting evidence aside from Thomas’s testimony. (Shelton I, 796 F.3d at p. 1089.) The prosecution was ordered to retry Shelton for the first degree murder of Thorpe or “to take such other action as may be consistent with this opinion and with federal and state law.” (Shelton I, 806 F.3d at p. 1011.) After the Ninth Circuit decision, Shelton pleaded guilty to second degree murder in exchange for the prosecution’s agreement not to retry him for the first degree murder of Thorpe. In 2017, Shelton was resentenced on that charge to a term of 15 years to life, concurrent to his sentence for the second degree murder of Craig. On February 20, 2019, defendant filed a form petition pursuant to former Penal Code section 1170.95 1, alleging that he had been convicted of murder pursuant to the felony-murder rule or natural and probable consequences doctrine. After hearing argument from counsel and reviewing significant briefing, the trial court denied defendant’s petition in a lengthy order, finding that defendant had failed to establish that he could not now be