People v. Ward CA1/5

Filed 11/18/21 P. v. Ward CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for pur- poses of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE,

Plaintiff and Respondent,

A162002

v. MARCUS WARD, (Alameda County Super. Ct. No. Defendant and Appellant.

HC170099B2)

Appellant Marcus Ward was 21 years old when he fatally shot the pimp of an acquaintance while trying to rob him. Among other things, he was convicted of first-degree murder with a special circumstance for committing the murder while engaged in the commission of a robbery and was sentenced to prison for life without the possibility of parole (LWOP). (Pen. Code, §§ 187, subd. (a), 190.2, subd. (a)(17)(A).)1 Appellant filed a petition for habeas corpus requesting an evidence preservation hearing under People v. Franklin (2016) 63 Cal.4th 261…