People v. Henson CA3

Filed 2/25/14 P. v. Henson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Shasta) ----

THE PEOPLE, C073987

Plaintiff and Respondent, (Super. Ct. No. 03F9360)

v.

BILLY WESS HENSON,

Defendant and Appellant.

Defendant Billy Wess Henson appeals from the trial court’s denial of his petition for resentencing under the Three Strikes Reform Act of 2012. Under the Three Strikes Reform Act, “prisoners currently serving sentences of 25 years to life for a third felony conviction which was not a serious or violent felony may seek court review of their indeterminate sentences and, under certain circumstances, obtain resentencing as if they had only one prior serious or violent felony conviction.” (People v. Superior Court (Kaulick) (2013) 215 Cal.App.4th 1279, 1286.) If a defendant such as the one here satisfies certain criteria, “the petitioner shall be resentenced . . . unless the court, in its

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discretion, determines that resentencing the petitioner would pose an unreasonable risk of danger to public safety.” (Pen. Code,1 § 1170.126, subd. (f).) The trial court denied defendant’s petition for resentencing because he “does pose an unreasonable risk of danger to our community.” Defendant appeals from the trial court’s denial, contending the court erred in finding that he had waived his personal appearance at the hearing on his petition and that the court abused its discretion in denying the petition. We affirm. FACTUAL AND PROCEDURAL BACKGROUND A Defendant’s Juvenile History, Criminal History, And Prison Behavior In 1977, when defendant was 16, a juvenile court found that he committed an assault with a semiautomatic firearm and committed him to the California Youth Authority. In 1980, at age 20, he was convicted of receiving stolen property. In 1984, he was convicted again of receiving stolen property and sentenced to three years in state prison. In 1988, defendant was convicted of first degree residential burglary in Oregon. He was paroled in June 1990. In October 1991, defendant was convicted of 11 counts of first degree residential burglary and was sentenced to 16 years in prison. He was released in 2000. He then violated that parole in 2000, 2001, and 2002. In 2003, defendant committed the current strike, receiving stolen property. He pled no contest to that crime in 2005 and admitted 12 prior strikes, in exchange for a prison sentence of 25 years to life, dismissal of the “balance of the charges [which were six additional counts of first degree residential burglary, two counts of grand theft of a firearm, and one count of receiving stolen property] . . . with a Harvey[2] Waiver for restitution [in five of the