P. v. Ware CA2/5
This is the third time we confront an appeal in this case. (People v. Ware (May 30, 2017, B271291) [nonpub. opn.] [reversing the judgment for instructional error and permitting the People to accept a reduction of a criminal threats conviction to an attempted criminal threats conviction]; People v. Ware (Feb. 19, 2019, B287995) [nonpub. opn.] [affirming denial of a People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero) motion brought on remand but remanding again to give the trial court the opportunity to consider exercising its discretion to strike two five-year prior serious felony conviction enhancements].) We are now asked to decide whether reversal is required because the trial court declined to decide whether defendant James Ware (defendant) is entitled to retroactive consideration for mental health diversion (see generally People v. Frahs (2020) 9 Cal.5th 618 (Frahs)) and whether the trial court abused its discretion when opting not to strike the two sentencing enhancem
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