People v. Ware CA5

INTRODUCTION

In 1994, a jury convicted appellant Kenneth Ware of first degree murder (Pen. Code,1 § 187, subd. (a); count 1), conspiracy to commit murder (§§ 182, subd. (a)(1), 187, subd. (a); count 2), premeditated, willful, and deliberate attempted murder (§§ 664, 187, subd. (a); count 3), two counts of assault with a firearm on a peace officer (§ 245, subd. (d)(1); counts 4 & 5), two counts of robbery (§ 211; counts 6 & 7); and being a felon in possession of a firearm (former § 12021; count 8). As to counts 1 through 7, the jury found true enhancements for personal use of a firearm (former § 12022.5), and for a principal being armed with a firearm (§ 12022, subd. (a)(1)). The jury also found true allegations Ware suffered three prior serious felony convictions (§ 667, subd. (a)) and served three prior prison terms (§ 667.5, subd. (b)). The trial court sentenced Ware to two consecutive indeterminate life terms of imprisonment plus a total determinate term of 35 years eight months. On direct appeal, we vacated Ware’s sentence on count 8, but otherwise affirmed the judgment. (People v. Ware (Jul. 11, 1996, F022255) [nonpub. opn.].) In 2021, Ware filed a petition for resentencing…