People v. Wardlaw CA2/8

Filed 9/26/24 P. v. Wardlaw CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B332418

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA110487) v.

MAURICE ERIC WARDLAW,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Dorothy L. Shubin, Judge. Affirmed.

John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Surveillance video captured defendant and appellant Maurice Eric Wardlaw, in May 2021, getting out of a white car and firing two shots at a man walking on the street. The man dodged out of the way and was not injured. After firing his gun, defendant got back into his car and fled. Defendant was charged with one count of discharge of a firearm with gross negligence (Pen. Code, § 246.3, subd. (a); count 1) and one count of being a felon in possession of a firearm (§ 29800, subd. (a)(1); count 2). It was alleged defendant had suffered three prior convictions for serious or violent felonies within the meaning of the “Three Strikes” law, including attempted kidnapping and attempted carjacking (§§ 207, 215, 664) in 2019, and assault with a firearm (§ 245, subd. (a)(2)) in 2006. After a jury trial, defendant was found guilty on both counts. The jury was polled and unanimously confirmed the verdicts of guilt. Defendant waived his right to a jury trial on the prior conviction allegations and the aggravating factors. At the bench trial on those issues, the People presented evidence of defendant’s prior convictions, including fingerprint evidence and a certified copy of his prison records pursuant to Penal Code section 969, subdivision (b), commonly referred to as a 969(b) packet. The court found true that defendant had suffered three prior strike convictions. The court also found true the three alleged aggravating factors: defendant’s convictions were numerous or increasing in seriousness, defendant had served a prior term in prison or county jail, and defendant had engaged in violent conduct that makes him a danger to society. At sentencing, defendant put on evidence of mitigating factors and made a motion pursuant to People v. Superior Court