People v. Shaw CA4/2 ( 2023 )

Filed 8/14/23 P. v. Shaw CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication
or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
E080504
Plaintiff and Respondent,
(Super.Ct.No. FSB21001810)
v.
OPINION
JUSTIN MICHAEL SHAW,
Defendant and Appellant.
APPEAL from the Superior Court of San Bernardino County. Kory E.
Mathewson, Judge. Affirmed.
John F. Schuck, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
1
In 2022 a jury convicted Justin Michael Shaw of being a felon in possession of
both a firearm and ammunition. He appealed his judgment. His attorney has filed a brief
under the authority of People v. Wende and Anders v. California1 informing this court
they were unable to identify any errors and asking us to perform an independent review
of the record. Based on our independent review of the record, we find no error and
affirm.
BACKGROUND
In May 2021, Shaw’s wife told police he physically abused her. An officer
stationed himself across the street from Shaw’s apartment to look for him. The officer
saw Shaw exit the apartment complex and walk to his car with rifle bags and ammunition
cans. The officer recognized the rifle bags as rifle bags because he used the same bags.
After making several trips back and forth to the car, Shaw got in the car and drove away.
The officer stopped Shaw and searched his car. He found three AR-15 rifles,
three Glock handguns, 25 high-capacity AR-15 magazines, seven Glock magazines,
2,000 rounds of .223 caliber ammunition, about 100 rounds of nine millimeter
ammunition, and about 820 rounds of 5.56 caliber ammunition. This included a loaded
Glock handgun in the glove compartment. All of the guns appeared to be in working
order. Shaw’s wife told the police at the time and later testified that all the weapons and
ammunition were hers.
1 People v. Wende (1979) 25 Cal.3d 436 (Wende); Anders v. California (1967)
386 U.S. 738 (Anders).
2
In March 2022 the San Bernardino County District Attorney charged Shaw with
injuring a spouse (Penal Code,2 § 273.5, subd. (a); count 1), possession of a firearm by a
felon (§ 29800, subd. (a)(1); count 2), unlawful possession of ammunition (§ 30305,
subd. (a)(1); count 3), child abuse under circumstances likely to cause great bodily injury
(§ 273a, subd. (a); count 4), and attempted murder (§ 664/187, subd. (a); count 5). The
prosecution also alleged one strike (§ 1170.12, subds. (a)-(d), § 667, subds. (b)-(i)) and
11 aggravating circumstances. Shaw eventually stipulated he was a felon.
In July 2022 a jury convicted Shaw on counts 2 and 3, found him not guilty on
counts 4 and 5, and deadlocked on count 1. The prosecution dismissed count 1 in
September 2022 and re-filed it in a separate case. Shaw appealed the judgment on
counts 2 and 3.
DISCUSSION
We appointed counsel to represent Shaw on appeal, and counsel has filed a brief
under the authority of Wende and Anders, setting forth a statement of the case and a
summary of the facts and asking us to conduct an independent review of the record.
Counsel’s brief raised one potential issue for our consideration: whether there was
sufficient evidence to convict Shaw on counts 2 and 3. We offered Shaw an opportunity
to file a personal supplemental brief, and he has not done so.
2 Unlabeled statutory citations refer to the Penal Code.
3
We have independently reviewed the record for potential error as required by
People v. Kelly (2006) 40 Cal.4th 106 and find no arguable error that would result in a
disposition more favorable to Shaw.
DISPOSITION
We affirm the judgment.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAPHAEL
J.
We concur:
CODRINGTON
Acting P. J.
MENETREZ
J.
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