People v. Ward CA2/6

Filed 12/12/24 P. v. Ward CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B332407 (Super. Ct. No. 1351702) Plaintiff and Respondent, (Santa Barbara County)

v.

MICHAEL WARD,

Defendant and Appellant.

Michael Ward appeals from an order recalling his sentence and resentencing him pursuant to Penal Code section 1172.7 or 1172.75.1 He contends the trial court erred when it denied his request to dismiss certain sentence enhancements pursuant to section 1385, subdivision (c)(2). We will direct the trial court to amend the abstract of judgment: (1) to reflect additional post-

1 All further undesignated statutory references are to the

Penal Code.

sentencing custody credit, and (2) to correct a transcription error in Section 6 of the abstract. We will otherwise affirm. FACTUAL AND PROCEDURAL HISTORY A jury convicted appellant of one count of kidnapping (§ 207); five counts of corporal injury to spouse/cohabitant (§ 273.5, subd. (a)); two counts of witness dissuading by force (§ 136.1, subd. (c)(1)); one count of forcible rape (§ 261, subd. (a)(2)); one count of dissuading a witness (§ 136.1, subd. (b)(1); and one count of false impersonation (§ 529). The jury found several enhancements true: a domestic violence great bodily injury enhancement on four counts (§ 12022.7, subd. (e)); a deadly weapon enhancement on two counts (§ 12022, subd. (b)(1)); and a prior prison term enhancement (§ 667.5, subdivision (b)). The trial court sentenced appellant to an aggregate term of 32 years, four months in state prison. It awarded him 631 days of presentence credit, including 549 days of actual credit and 82 days of conduct credit. We affirmed his conviction on appeal. (People v. Ward (May 28, 2014, B243098) [nonpub. opn.].) The trial court found appellant eligible for resentencing under section 1172.7 and/or 1172.75. At the hearing, it struck the one-year prior prison term enhancement under section 667.5, subdivision (b) as legally invalid. It commended appellant for participating in rehabilitation and education programs over the prior four years and reduced the base term on the kidnapping count from eight years (the upper term) to five years (the middle term). The trial court reimposed all other components of the original sentence, resulting in a new aggregate term of 28 years, four months in state prison. It re-awarded appellant 631 days of presentence credit and ordered CDCR “to calculate post sentence credits.”