People v. Ward CA2/4

Filed 6/5/24 P. v. Ward CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B329367

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA072834) v.

ERIC WARD,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, David Walgren, Judge. Affirmed. Christopher Love, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION Eric Ward appeals from an order denying his petition for resentencing under Penal Code, section 1172.6.1 His appellate counsel filed a brief under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), and Ward filed a supplemental brief. We review the contentions Ward raises in his supplemental brief and affirm the order. FACTUAL AND PROCEDURAL BACKGROUND A. Conviction and sentence In 2013 a jury convicted Ward of one count of attempted willful, deliberate, and premeditated murder (§§ 187, 664) and one count of assault with a deadly weapon (§ 245, subd. (a)(1)). The jury also found true for both counts allegations that Ward personally used a deadly weapon (§ 12022, subd. (b)(1)) and personally inflicted great bodily injury (§ 12022.7, subd. (a)). The trial court found the prison priors alleged against Ward to be true (§ 667.5, subd. (b)), and sentenced him to life plus six years on the attempted murder count, related allegations, and prison priors.2 The court sentenced Ward to a midterm sentence of three years on the assault count, plus an additional four years for the enhancements. The latter sentence was stayed pursuant to section 654. In his direct appeal, Ward asserted that the court committed prejudicial error by declining to instruct the jury on self-defense. A different panel of this division rejected this