People v. Ware CA5

California Court of Appeal Jun 10, 2014 No. F066171Unpublished

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Holding. The court held that the trial court erred by applying two prior prison term enhancements to both counts of the defendant's sentence, as status enhancements should only be applied once to a determinate prison term.

Issues

Whether the trial court erred in applying prior prison term enhancements to each count of the defendant's sentence.
Whether the trial court correctly denied the defendant's motion for additional custody credits.

Disposition. remanded

Quotations verified verbatim against the opinion

“The trial court, therefore, erred in applying the two prior prison term enhancements to count 1 and to count 2.”

Filed 6/10/14 P. v. Ware 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F066171 Plaintiff and Respondent, (Super. Ct. No. AF49104) v.

HELAND STERLING WARE, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Merced County. Brian L. McCabe, Judge. Deborah Prucha and Carol Foster, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, and Harry J. Colombo, Deputy Attorney General, for Plaintiff and Respondent.

-ooOoo-

* Before Gomes, Acting P.J., Poochigian, J. and Franson, J.

INTRODUCTION On May 26, 2009, appellant, Heland Sterling Ware, was sentenced in case No. AF49104 for grand theft of firearms (Pen. Code, § 487, subd. (d)(2), count 1),1 being a felon in possession of a firearm (§ 12021, subd. (a)(1), count 2), having a prior serious felony conviction within the meaning of the three strikes law (§§ 667, subd. (a) & 1170.12, subd. (c)), a prior serious felony conviction enhancement (§ 667, subd. (a)), and two prior prison term enhancements (§ 667.5, subd. (b)). The court struck the prior serious felony conviction strike and sentenced appellant to a total prison term of 12 years 8 months. The court stayed execution of its sentence and placed appellant on probation upon various terms and conditions.2 On December 30, 2009, a petition was filed alleging that appellant violated the terms of his probation by failing to complete the drug rehabilitation program, failing to report to his probation officer, and failing to inform his probation officer of his change of address. Appellant admitted violating his probation on October 28, 2010. On November 19, 2010, the trial court lifted the stay of execution on appellant’s sentence, sentenced appellant to a prison term of 12 years 8 months, and awarded 644 days of presentence credit. On April 12, 2012, appellant filed a motion with the trial court to correct the abstract of judgment to award him more custody credits because recent amendments to

People v. Ware CA5

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