People v. Ward CA2/4

INTRODUCTION

Eric Ward appeals from an order denying his petition for resentencing under Penal Code, section 1172.6.1 His appellate counsel filed a brief under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), and Ward filed a supplemental brief. We review the contentions Ward raises in his supplemental brief and affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND

A. Conviction and sentence In 2013 a jury convicted Ward of one count of attempted willful, deliberate, and premeditated murder (§§ 187, 664) and one count of assault with a deadly weapon (§ 245, subd. (a)(1)). The jury also found true for both counts allegations that Ward personally used a deadly weapon (§ 12022, subd. (b)(1)) and personally inflicted great bodily injury (§ 12022.7, subd. (a)). The trial court found the prison priors alleged against Ward to be true (§ 667.5, subd. (b)), and sentenced him to life plus six years on the attempted murder count, related allegations, and prison priors.2 The court sentenced Ward to a midterm sentence of three years on the assault count, plus an additional four years for the enhancements. The latter sentence was stayed pursuant to section 654. In his direct…