P. v. Sheppard
After a struggle, defendant Robert Earl Sheppard, Jr. shot Richard Grandberry (Grandberry or victim) in the back, resulting in Grandberry suffering a collapsed lung. At trial, defendant argued he was acting in self defense against an enemy he long feared. The jury rejected the defense, finding defendant guilty of attempted murder (Pen. Code, S 664/187, subd. (a)), being a felon in possession of a handgun (S 12021, subd. (c)(1)), and unlawfully carrying a loaded firearm on his person in public. (S 12031, subd. (a)(2)(D).) The jury also found that in the commission of the attempted murder, defendant personally inflicted great bodily injury upon another person (SS 12022.7, subd. (a) and 1192.7, subd. (c)(8)), and personally and intentionally discharged a firearm, proximately causing great bodily injury to another person. (SS 12022.53 subd. (d) and 1192.7 subd. (c)(8).)
On appeal, defendant contends: (1) the prosecutor committed misconduct; (2) there was insufficient evidence of premeditation and deliberation; (3) his 33 year sentence constituted cruel and unusual punishment; and (4) the abstract of judgment incorrectly reflects a sentence of 34 years. Court agree with the parties' stipulation that the abstract of judgment incorrectly indicates a 34 year sentence, which should be corrected to reflect the correct sentence of 33 years. In all other aspects however, court find no error and affirm the judgment.
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