MARTINEZ — In a ruling Monday morning, a Contra Costa judge denied a new trial motion for a man who was convicted of murdering his ex-girlfriend in 1983.
Sherill Smothers, 56, of Granite Bay, now faces a likely 25 years to life prison sentence for the murder of Marsha Carter. In September, a jury convicted Smothers of first-degree murder. He was linked to the crime through a witness statement and DNA evidence.
But in the days after the trial, Smothers’ attorney raised concerns over evidence that he said implicated a Florida man in the crime. But Judge John Kennedy said he didn’t believe the new information was likely to change the jury’s mind.