People v. Ware CA5

STATEMENT OF THE CASE

On September 10, 2021, in Superior Court case number MCR071858, Ware was charged by felony complaint with possession of a drug while armed with a loaded operable gun (Health & Saf. Code, § 11370.1, subd. (a); count 1), possession of a firearm by a felon (Pen. Code,1 § 29800, subd. (a)(1); count 2), and receiving a stolen vehicle (§ 496d, subd. (a); count 3). On October 29, 2021, in Superior Court case number MCR072236, Ware was charged by felony complaint with unlawful vehicle taking with a prior conviction (Veh. Code, § 10851; § 666.5, subd. (a), count 1) and receiving a stolen vehicle (§ 496d, subd. (a); counts 2 & 3). On November 9, 2021, Ware entered guilty pleas in both cases. In case number MCR071858, Ware pleaded guilty to count 1. In case number MCR072336, Ware pleaded guilty to count 1 and admitted the prior conviction. The remaining counts were dismissed pursuant to the plea agreements. On December 10, 2021, Ware was sentenced to four years state prison pursuant to those plea agreements; the middle term of three years as to case number MCR017858 plus one year consecutive (one-third the middle term) for case number MCR072236. On January 12, 2022,…