People v. Ward CA2/5

Filed 3/25/24 P. v. Ward CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B327697

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. BA405490)

KEVIN WARD,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Michael D. Carter, Judge. Reversed and remanded with directions. Jonathan E. Demson, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Idan Irvi, Supervising Deputy Attorney General, and Roberta L. Davis, Deputy Attorney General, for Plaintiff and Respondent.

Defendant and appellant Kevin Ward (defendant) appeals from an order denying his petition for resentencing pursuant to Penal Code section 1172.6 (former Penal Code section 1170.95).1 The Attorney General concedes the cause should be remanded for issuance of an order to show cause because the record of conviction does not establish as a matter of law that defendant was the attempted murder victim’s actual killer. We shall reverse and remand for that reason.

I. BACKGROUND The Los Angeles County District Attorney charged defendant in 2012 with willfully, deliberately, and premeditatively attempting to murder victim Israil Barri (Barri). The charging document additionally alleged defendant personally used a deadly and dangerous weapon (a knife) and personally inflicted great bodily injury in connection with the attempted murder. (§§ 12022, subd. (b)(1)), 12022.7, subd. (a).) Tonya Edwards (Edwards) was charged as a co-defendant in the attempted murder of Barri. Defendant and Edwards were also charged with two assault offenses arising out of the same attack on Barri. In 2014, pursuant to an agreement with the prosecution, defendant resolved the charges against him by pleading guilty to an attempted murder charge (and admitting certain sentencing enhancements—though not the charging document’s allegation that the attempted murder was willful, deliberate, and premeditated) in exchange for a 19-year prison sentence. The