People v. Shephard CA4/2

statement of the case, requesting that we exercise our discretion to independently review

the record for error, and identifying two potentially arguable issues: (1) whether the

1 By order dated February 26, 2024, we granted defendant’s request that we take judicial notice of the record in defendant’s appeal from the judgment. (People v. Sheppard (Nov. 28, 2005, E036967) [nonpub. opn.]). (Evid. Code, §§ 452, 459.) On our own motion, we take judicial notice of the opinion from defendant’s appeal of the denial of his former section 1170.95 petition, which appellate counsel cites in his brief. (People v. Shephard (July 2, 2021, E076346) [nonpub. opn.]). As appellate counsel notes, there is no explanation in the record for the discrepancy in the spelling of defendant’s last name.

2 Effective June 30, 2022, Assembly Bill No. 200 (2021-2022 Reg. Sess.) amended and renumbered section 1170.95 as section 1172.6. (Stats. 2022, ch. 58, § 10.) 2 court erred in finding defendant’s motion to disqualify the court pursuant to Code of Civil

Procedure section 170.6. untimely; and (2) whether the court erred in determining

defendant was ineligible for relief.

We gave defendant the opportunity…