People v. Sheed CA2/8
Opinion
Opinion
FACTS AND PROCEDURAL BACKGROUND
On May 3, 1989, pursuant to a plea agreement, Sheed pleaded no contest to one count of forcible oral copulation in violation of section 288a, subdivision (c) and one count of forcible rape in violation of section 261, subdivision (a)(2). Under the terms of the plea bargain, Sheed agreed to a three-year term of imprisonment, plus the low term of five years for violating the terms of his probation. On May 17, 1989, the trial court sentenced Sheed to a concurrent term of three years in prison on each of the two counts. Over three decades later, on June 6, 2024, Sheed filed a motion pursuant to section 1473.7, subdivision (a)(2), to vacate his prior conviction based on newly discovered evidence of actual innocence, including that he was forced into a plea by his attorney, who rendered ineffective assistance. Sheed waived his personal presence at the hearing on the motion because he was “otherwise in custody” at Salinas Valley State Prison on an unrelated matter. Sheed also requested counsel “upon a finding by the court that there is a prima facie case for relief,” stating he was “indigent and . . . cannot afford to hire a lawyer.”