People v. Ward CA3

BACKGROUND

The People’s amended complaint charged defendant with felony willful and grossly negligent discharge of a firearm (Pen. Code, § 246.3—count one);1 being a felon in possession of a firearm (§ 29800, subd. (a)(1)—count two); misdemeanor battery (§ 242—count three); and misdemeanor resisting, delaying, or obstructing an officer in the performance of his duties. (§ 148, subd. (a)(1)—count four.) It was further alleged that defendant had suffered two prior strikes. (§§ 667, subds. (b)-(i), 1170.12.) On September 22, 2021, defendant resolved his case by pleading no contest to count one and admitting one prior strike for a stipulated sentence of four years in prison, comprised of the midterm, doubled because of the prior strike. In exchange, the trial court dismissed the remaining counts and enhancement, as well as another misdemeanor matter, with a Harvey2 waiver. Defendant was sentenced the same day in accordance with his plea and received 28 days of actual credit plus 28 days of conduct credit, for a total of 56 custody credit days. Further, the trial court imposed a $300 restitution fine (§ 1202.4, subd. (b)) and reserved jurisdiction to award restitution to the victim.…