People v. Ward CA5

INTRODUCTION

This case was previously before us on appeal from defendant Joseph Matthew Ward’s judgment of conviction for multiple crimes.1 Although otherwise affirming the judgment, we remanded for resentencing due to two unauthorized sentences. On remand, the trial court corrected the unauthorized sentence issues while resentencing defendant on all counts. Defendant now appeals the judgment imposed at resentencing and argues the trial court did not conduct a full resentencing and failed to order a supplemental probation report that included updated information about defendant’s postconviction conduct. Defendant also requests we reconsider our determination in the prior appeal that Penal Code section 667.61, subdivision (h) (section 667.61(h))2 precludes staying the execution of sentence under section 654 for offenses subject to punishment under the “One Strike” law (§ 667.61), a request the People join in light of new authority on this issue. For the reasons discussed post, we conclude a full resentencing is required. The trial court may exercise its discretion to order a supplemental probation report that includes updated information about defendant’s postconviction conduct.…