People v. Ware CA2/1

Filed 7/18/24 P. v. Ware CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B332698

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA064251) v.

LEO NORVELL WARE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Chestopher L. Taylor, Judge. Reversed with instructions. Miriam K. Billington, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Noah P. Hill and Steven E. Mercer, Deputy Attorneys General, for Plaintiff and Respondent. ____________________________

On appeal, the parties agree that the trial court improperly concluded it lacked jurisdiction to resentence defendant Leo Norvell Ware under Penal Code section 1172.1.1 We agree, reverse, and remand for resentencing.

BACKGROUND2 A jury convicted defendant of shooting at an inhabited dwelling, discharging a firearm in public, and two counts of possession of a firearm by a felon or an addict. In 2006, the trial court sentenced defendant to an aggregate term of 70 years to life, which included 20 years for four section 667, subdivision (a)(1) priors.3 In 2021, defendant filed a pro se petition for resentencing pursuant to section 1171.1. The court appointed counsel for defendant. The People, represented by a deputy district attorney, requested the court strike the section 667, subdivision (a)(1) enhancements. The People referenced section 1172.1, and the