Man sentenced on multiple charges has exhausted appeals
‘One of the most vicious cases this court has seen in a while’
The state Supreme Court has denied an appeal for a man who was sentenced in 2008 on multiple charges including aggravated battery.
Cory Reginald Shepherd has now exhausted his appeals for post-conviction relief at the state level.
On Oct. 5, 2006, Shepherd was indicted for attempted first-degree murder, aggravated burglary, armed robbery, theft of a firearm, possession of a firearm by a convicted felon and accessory after the fact.
On March 4, 2008, the defendant pleaded guilty to an amended charge of aggravated battery, armed robbery and possession of a firearm by a convicted felon.
In addition to amending the attempted first-degree murder charge to aggravated battery, the state agreed to recommend a 10-year sentence on the charge of aggravated battery, a 22-year sentence for armed robbery, and a 10-year sentence for possession of a firearm by a convicted felon, with the sentences to run concurrently.
On March 19, 2008, the defendant was sentenced in state district court to those recommended sentences except in the case of the battery conviction. On that one, he was sentenced to eight years to run consecutively to his other two sentences. He filed a motion to have his sentences reconsidered but after a hearing, the motion was denied.
The 3rd Circuit Court of Appeal considered one of Shepherd’s appeals in 2009 after the defendant said he had received an "excessive sentence." The 3rd Circuit affirmed his sentence in its entirety.
In its decision, the 3rd Circuit looked at facts it said included the defendant going to the home of a "60-something-year-old victim, arming himself with the victim’s pistol, shooting the victim in the chest, and fleeing the victim’s home with the man’s pistol and wallet."
In the denial of that appeal, one of the judges said, "This is one of the worst cases I’ve read. Walked in the house and shot a man lying in his bed through his heart. How he didn’t die, I don’t have a clue. And then you robbed him and you, I mean, it’s one of the most vicious cases this court has seen in a while."
The trial court added, "I thought that your actions were violent. You’re lucky it was amended down from attempted murder to aggravated battery. I think the sentence is justified, and I’m not going to reconsider my sentence."