People v. Shephard CA4/2

Filed 3/25/24 P. v. Shephard CA4/2 See Dissenting Opinion

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E082419

v. (Super.Ct.No. FSB036069)

MATTHEW JOSEPH SHEPHARD, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. J. David Mazurek,

Judge. Dismissed.

Richard Schwartzberg, under appointment by the Court of Appeal, for Defendant

and Appellant.

No appearance for Plaintiff and Respondent.

On October 21, 2003, a jury found defendant and appellant Matthew Joseph

Shephard guilty of first degree murder (Pen. Code, § 187, subd. (a), count 1), second

degree burglary (Pen. Code, § 459, count 3), negligent discharge of a firearm (Pen. Code, 1

§ 246.3, court 4), and felonious evasion of a police officer (Veh. Code, § 2800.2,

subd. (a), count 5). The trial court imposed an aggregate sentence of 25 years to life, plus

two years four months in state prison.1 (People v. Sheppard, supra, E036967; People v.

Shephard, supra, E076346.)