People v. Shupp CA5

INTRODUCTION

In 2001, appellant and defendant Sean David Shupp (appellant), a state prison inmate, was convicted after a jury trial of the second degree murder of his cellmate, Michael Blodgett. Appellant was sentenced to 18 years plus 45 years to life. This court affirmed the judgment on direct appeal. In 2023, the trial court recalled appellant’s sentence and ordered three prior prison term enhancements stricken pursuant to Penal Code1 section 1172.75. The court denied his motions to dismiss two prior strike convictions and two prior serious felony enhancements, and resentenced him to 15 years plus 45 years to life. On appeal, appellant asserts the matter must be remanded because the prosecution violated its mandatory constitutional duty at the section 1172.75 hearing, pursuant to Brady v. Maryland (1963) 373 U.S. 83, to produce alleged exculpatory evidence arising from a civil lawsuit filed by Blodgett’s family against the prison, that purportedly exonerated him or mitigated his culpability for his cellmate’s death. Appellant argues that once the People comply with Brady and produce this evidence, the trial court must reduce his sentence or order his release on parole. As will…