People v. Ware CA4/2

INTRODUCTION

In 1995, a jury convicted defendant and appellant Martin Ware of several crimes,

including two counts of first degree attempted murder. (Pen. Code,1 §§ 664, 187,

subd. (a).) In 2019, Senate Bill No. 1437 (2017-2018 Reg. Sess.) went into effect and

now allows a defendant convicted of murder to petition a court under section 1170.95 to

have the murder conviction vacated. Defendant filed a petition under section 1170.95.

The trial court dismissed his petition because he was convicted of attempted murder, not

murder.

Defendant appeals, arguing the court erred in denying his petition since the

provisions of Senate Bill No. 1437 apply to defendants convicted of attempted murder.

We disagree and affirm the trial court’s order.

PROCEDURAL BACKGROUND

A jury found defendant guilty of shooting at an occupied vehicle (§ 246, count 1),

two counts of kidnapping for robbery (§ 209, subd. (b), counts 2 & 3), two counts of

kidnapping (§ 207, subd. (a), counts 7 & 8), one count of assault with intent to commit

rape (§ 220, count 6), and two counts of attempted premeditated murder (§§ 664, 187,

counts 9 & 10). The jury also found true various enhancements. A trial court…