People v. Ward CA2/1

BACKGROUND

In 2012 a jury convicted defendant of five counts of second degree robbery, four counts of attempted second degree robbery, two counts of grand theft auto, and single counts of possession of a firearm by a convicted felon and assault with a firearm. The jury further found true gang enhancement allegations attached to each count and allegations that a principal was armed with a firearm in the commission of every robbery and attempted robbery, and the assault with a firearm. The trial court found true allegations defendant had suffered two prior serious felony convictions within the scope of the “Three Strikes” law and Penal Code section 667, subdivision (a)(1), and sentenced defendant to consecutive third strike terms of 25 years to life in prison for every count, plus gang and firearm enhancements, for an aggregate sentence of 454 years to life in prison. In his original appeal, defendant contended, and we agreed, that the trial court erred in ruling on his motion pursuant to People v. Wheeler (1978) 22 Cal.3d 258, 276– 277 (Wheeler) and Batson v. Kentucky (1986) 476 U.S. 79, 85, 96–99 [106 S.Ct. 1712] (Batson), which was made to challenge the prosecutor’s use of…