People v. Ward CA5

FACTS

On June 21, 2013, the court ruled on defendant’s petition to recall the sentence pursuant to section 1170.126 as follows:

“This court therefore concludes that those individuals, such as defendant, who were convicted of offenses involving the possession of firearms or deadly weapons are not eligible for resentencing. Defendant Ward’s current offense (third strike) was for a violation of … Section 12021, subdivision (a) (1), commonly referred to as felon in possession of a firearm. Given that conviction, which establishes that the defendant was convicted of an offense involving the possession of a firearm, this court concludes he is statutorily ineligible for resentencing. (… § 1170.126, su[b]d. (f).)”

All statutory references are to the Penal Code. We agree the claim is appealable. (Teal v. Superior Court (2014) 60 Cal.4th 595, 598-601.)

2.

DISCUSSION

Defendant contends the trial court improperly concluded he was ineligible based on his conviction for being a felon in possession of a firearm. He argues that our review is limited to determining that issue and to remanding the case for reconsideration by the trial court. The People, on the other hand, assert…