People v. Bradshaw CA5

INTRODUCTION

Appellant/defendant Shawn Gregory Bradshaw was convicted of attempted murder (Pen. Code, §§ 664/187, subd. (a))1 and two counts of robbery (§ 211), with multiple firearm enhancements (§ 12022.53, subds. (b) & (c)) and prior conviction allegations (§ 667, subd. (a); § 667, subds. (b)–(i)) for his role in the armed robberies of Jorge Morales (Morales) and Samuel Perez (Perez). Jessica Garcia (Garcia) and Jacob Herrera (Herrera) were also involved in the offenses but were not tried with defendant. Garcia pleaded guilty to robbery and testified for the prosecution. The record is silent as to the disposition of Herrera’s case. Defendant was sentenced to 60 years four months in prison. On appeal, defendant raises several evidentiary, instructional, and sentencing issues. He contends the court should have stricken portions of Garcia’s testimony as inadmissible opinion evidence; there is insufficient evidence that he attempted to murder Perez; and the jury was improperly instructed that Garcia was an accomplice. As for the sentencing issues, defendant argues his attorney was prejudicially ineffective for failing to accept an alleged stipulation from the prosecutor, which…