People v. Ware CA5

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…