People v. Hennes CA2/7

Filed 4/2/25 P. v. Hennes CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B335552

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA088396) v.

DAVSHAWN LARAY HENNES,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Alan B. Honeycutt, Judge. Appeal dismissed. Lenore De Vita, under appointment by the Court of Appeal; Davshawn Hennes, in pro. per., for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Davshawn Laray Hennes appeals from an order denying his postjudgment motion to correct his sentence by awarding him

the correct amount of presentence custody credits. Hennes asserts the superior court incorrectly awarded him nine extra days of actual custody credits, thus rendering his sentence illegal and entitling him to a full resentencing hearing. Because the superior court lacked jurisdiction to consider Hennes’s postjudgment motion to recalculate his custody credits, we dismiss Hennes’s appeal without prejudice to Hennes filing a petition for a writ of habeas corpus in the trial court.

FACTUAL AND PROCEDURAL BACKGROUND

On September 18, 2014 a jury found Hennes guilty of two counts of first degree residential burglary (Pen. Code,1 § 459; counts 1 and 3) and one count of attempted first degree residential burglary. (§§ 459, 664; count 2.) As to counts 1 and 3, the jury found true that a person other than an accomplice was present during the commission of the burglaries. (§ 667.5, subd. (c)(21).) On April 24, 2015 the trial court granted in part Hennes’s motion to dismiss his two prior strike convictions (§§ 667, subds. (b)-(i), 1170.12), dismissing one of his prior convictions as to counts 2 and 3. The court sentenced Hennes to an aggregate state prison term of 45 years four months to life. The court awarded Hennes 689 days of presentence custody credits, including 599 days of actual custody credits plus 90 days of conduct credits. In People v. Hennes (Aug. 29, 2016, B264125) (nonpub. opn.), we affirmed the convictions but concluded the trial court failed to impose the two mandatory five-year prior serious felony