People v. Ward CA5

INTRODUCTION

Appellant Johnny Ladell Ward was sentenced to an indeterminate third strike term, and this court affirmed his convictions on appeal. In 2012, appellant filed a petition for recall and resentencing pursuant to Penal Code1 section 1170.126 (Proposition 36). The superior court found he was ineligible for resentencing because he was armed with a firearm during the commission of the underlying offenses and reached that finding based on the facts contained in this court’s appellate opinion, which had affirmed his convictions. Appellant has filed an appeal from the superior court’s denial of his petition for recall. His appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) By letter of March 28, 2014, we invited appellant to submit additional briefing. Appellant has filed supplemental briefs and argues his petition should have been granted, and the superior court improperly relied on this court’s appellate opinion in his first appeal to find he was ineligible for resentencing. We reject his arguments and…