People v. Ware CA1/4

BACKGROUND

A. Factual and Procedural History In July 2020, Ware robbed a 75-year-old woman at gunpoint in front of the woman’s house. Ware took the woman’s purse, which contained a credit card that someone used shortly after the robbery to make a $500 purchase. Two weeks later, Ware approached a woman walking to her car in a store parking lot and grabbed the woman’s purse, causing her to fall to the ground. Ware then ran off with the purse. A warrant was issued for Ware’s arrest that same day. About a week later, police arrested Ware after they spotted him entering a vehicle. A search of the vehicle revealed a loaded handgun. In November 2020, Ware was charged by consolidated information with two counts of second degree robbery (§ 211), one with special allegations that Ware personally used a firearm in the commission of the offense (§§ 12022.5, subd. (a), 12022.53, subd. (b)); identity theft (§ 530.5, subd. (a)); possession of a firearm by a felon (§ 29800, subd. (a)(1)); carrying a loaded firearm on one’s person in a city (§ 25850, subd. (a)) with a special allegation that he was not in lawful possession of the firearm as a prohibited person (§ 25850, subd. (c)(4)); carrying a…