People v. Sherwood CA4/2

FACTS

A. Opinion from Sherwood’s Appeal from the Conviction

In the opinion from Sherwood’s original appeal from his conviction and sentence,

a panel of this court summarized the crime for which he was convicted as follows.

“[T]he victim was shot at the front door of his residence. The police interviewed

Vavao Faumui, who told them that he, [Sherwood], and two other men went to the

victim’s residence to rob him. [Sherwood], who was a former employee of the victim,

believed that the victim kept a large amount of money in his safe at this residence.

Faumui told the police that when the victim answered the door, Faumui wrestled with

3 him. Then somebody shot the victim. The victim eventually died from his gunshot

wounds.

“The police also interviewed [Sherwood]. [Sherwood] said that the plan was to go

to the victim’s house and steal the safe, and that nobody was supposed to be home at the

time. [Sherwood] said that he drove Faumui to the victim’s house, dropped him off, and

then parked across the street to act as a lookout, in case the police came.

“[Sherwood] was charged with several offenses, and pled not guilty. His case went

to trial on September 6, 2006. After a…