People v. Ware CA5

Filed 8/25/22 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F083777, F083778 Plaintiff and Respondent, (Super. Ct. Nos. MCR071858, v. MCR072236)

DAKOTA T. WARE, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Madera County. Dale J. Blea, Judge. Erica Lynn Gambale, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Franson, J. and Snauffer, J.

STATEMENT OF APPEALABILITY Ware appeals from a final judgment which disposes of all issues between the parties pursuant to Penal Code section 1237 and California Rules of Court, rule 8.304(b). STATEMENT OF THE CASE On September 10, 2021, in Superior Court case number MCR071858, Ware was charged by felony complaint with possession of a drug while armed with a loaded operable gun (Health & Saf. Code, § 11370.1, subd. (a); count 1), possession of a firearm by a felon (Pen. Code,1 § 29800, subd. (a)(1); count 2), and receiving a stolen vehicle (§ 496d, subd. (a); count 3). On October 29, 2021, in Superior Court case number MCR072236, Ware was charged by felony complaint with unlawful vehicle taking with a prior conviction (Veh. Code, § 10851; § 666.5, subd. (a), count 1) and receiving a stolen vehicle (§ 496d, subd. (a); counts 2 & 3). On November 9, 2021, Ware entered guilty pleas in both cases. In case number MCR071858, Ware pleaded guilty to count 1. In case number MCR072336, Ware pleaded guilty to count 1 and admitted the prior conviction. The remaining counts were dismissed pursuant to the plea agreements. On December 10, 2021, Ware was sentenced to four years state prison pursuant to those plea agreements; the middle term of three years as to case number MCR017858 plus one year consecutive (one-third the middle term) for case number MCR072236. On January 12, 2022, Ware filed a notice of appeal in both cases. STATEMENT OF FACTS2

1 All statutory references are to the Penal Code unless otherwise stated. 2 On November 9, 2021, Ware pleaded guilty in two separate cases. He stipulated to a factual basis in each case. The summary of facts here was taken from the probation reports filed in each case.