P. v. Sheridan
A jury convicted defendant Kristopher Dominque Sheridan of robbery (count 1 – Pen. Code, § 211)[1] and possession of a firearm by a felon (count 4 – § 29800, subd. (a)).[2] The jury additionally found true allegations defendant was personally armed with a handgun in his commission of the count 1 offense (§ 12022.53, subd. (b)) and had suffered two prior prison terms (§ 667.5, subd. (b)). The court sentenced defendant to an aggregate, determinate term of 17 years’ imprisonment consisting of the following: the upper term of five years on the count 1 offense, a consecutive 10 years on the personal-use enhancement, and consecutive one year terms on each of the two prior prison terms.
After defendant’s trial counsel filed the notice of appeal, this court appointed counsel to represent defendant. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493], setting forth a statement of the case, a brief statement of the facts, and identifying six potentially arguable issues: 1) whether the trial court violated defendant’s due process right to a fair trial in requiring the defendant to be shackled during the first day of trial; 2) whether the prosecution committed prejudicial, burden-shifting misconduct by arguing there was no evidence defendant was shot in the back; 3) whether the court prejudicially erred by overruling defendant’s objection to the People’s ostensible misconduct; 4) whether the court abused its discretion by imposing the upper term on count 1; 5) whether substantial evidence supported the jury’s true finding defendant had served two, separate prior prison terms for which he failed to remain free from custody for five years; and 6) whether the court erred in finding a vehicle was used in the commission of defendant’s offenses and, thereby, revoking his driver’s license. We affirm.
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