People v. Ward CA5

Filed 6/23/25 P. v. Ward CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F088726 Plaintiff and Respondent, (Super. Ct. No. VCF353970) v.

PAUL BRIAN WARD, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Juliet L. Boccone, Judge. Allan E. Junker, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Kimberley A. Donohue, Assistant Attorney General, Ian Whitney and Amanda D. Cary, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Smith, Acting P. J., DeSantos, J. and Fain, J.† † Judge of the Fresno Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

Defendant and appellant Paul Brian Ward (defendant) was convicted in 2019 of attempted murder and 10 other associated offenses. The trial court imposed a total sentence of seven years to life plus five years four months. In 2024, defendant was resentenced on the same offenses to a total term of seven years to life plus three years four months. However, the 2024 abstracts of judgment did not accurately reflect defendant’s actual custody credits and good conduct credits. In response to a Fares letter,1 the court attempted to correct the 2024 abstracts of judgment. In this appeal, defendant contends that the current abstracts of judgment still do not reflect the credits to which defendant is entitled. The People agree with defendant. We also agree and remand this matter for the court to issue amended abstracts of judgment. BACKGROUND On November 25, 2019, a jury convicted defendant of attempted murder (count 1; Pen. Code,2 §§ 664/187, subd.(a)); assault on a peace officer (count 2; § 245, subd. (c)); resisting an executive officer (counts 3, 4, & 5; § 69); attempted weapon removal (count 7; §§ 664/148, subd. (b)); assault by means of force likely to cause great bodily injury (count 8; § 245, subd. (c)(4)); attempted criminal threats (count 9; §§ 664/422); battery on emergency personnel (count 10; § 243); and battery (counts 11 & 12; § 242). On December 20, 2019, the trial court imposed a total sentence of seven years to life plus five years four months. The court awarded defendant 872 days of actual custody credit and 130 days of good conduct credit. On July 21, 2023, the Second District Court of Appeal affirmed defendant’s convictions but remanded the matter for the trial court to resentence defendant in light of recent legislative enactments.