People v. Ward CA1/5

I. FACTUAL AND PROCEDURAL BACKGROUND

Ward was charged, by information, with murder (§ 187, subd. (a); count one) and possession of a firearm by a felon (former § 12021, subd. (a)(1); count two). Count one alleged that Ward personally and intentionally discharged a firearm, causing great bodily injury and death (former §§ 12022.5, subd. (a), 12022.53, subds. (b)–(d), (g); 12022.7,

1 Undesignated statutory references are to the Penal Code. Former section 12021, subdivision (a) was continued in section 29800, subdivision (a) (added by Stats. 2010, ch. 711, § 6) without substantive change. (Cal. Law Revision Com., com., 51D, Pt. 4 West’s Ann. Pen. Code (2012) foll. § 29800, p. 194.)

1 subd. (a)). The information further alleged a special circumstance that Ward committed the murder while engaged in the commission of a robbery (§ 190.2, subd.(a)(17)(A)) and while on felony probation (§ 1203, subd. (k)). Finally, it was alleged that Ward had suffered two prior convictions and that he had served a prior prison term (§ 667.5, subd. (b)). One conviction was a serious felony (§ 667, subd. (a)(1)) and a prior strike (§§ 1170.12, subd. (c)(1), 667, subd. (e)(1)). Prosecution’s…