P. v. Sheard
Following a jury trial, appellant Shareef Sheard was convicted of attempted murder (count 1), assault with a firearm (count 2), and possession of a firearm by a felon (count 3) with enhancements for firearms discharge and personal infliction of great bodily injury. He was sentenced to over 34 years in prison. On appeal, he contends: (1) His Sixth Amendment rights were violated by imposition of the upper term on count 1 and consecutive sentences on counts 1 and 3. (2) The trial court should have stricken certain enhancements that it did not mention at the sentencing hearing. (3) The abstract of judgment and minute order of the sentencing hearing do not correctly reflect the actual sentence.
Court reject the Sixth Amendment issue, order the staying or striking of the enhancements that were not mentioned at the sentencing hearing, and order the corrections to the sentencing minute order and abstract of judgment.
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