People v. Henderson CA4/1

Filed 1/29/21 P. v. Henderson CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D076834

Plaintiff and Respondent,

v. (Super. Ct. No. SCE372771)

DERRICK ELI HENDERSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Lantz Lewis, Judge. Affirmed.

Tracy A. Rogers, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Charles C. Ragland and Laura Baggett, Deputy Attorneys General, for Plaintiff and Respondent. The San Diego County District Attorney on January 17, 2019, filed an amended information charging defendant Derrick Eli Henderson and

codefendant Kathy Williams1 with the murder and robbery of Travis Lewis.

(Pen. Code,2 §§ 187, subd. (a), count 1 & 211, count 2.) Defendant was also charged with possession of a firearm by a felon (§ 29800, subd. (a)(1), count 3) and with possession of ammunition by a prohibited person (§ 30305 subd. (a)(1), count 4). As to count 1, it was alleged that the murder was committed while in the commission of a robbery (§ 190.2, subd. (a)(17)); and as to counts 1 and 2, that defendant personally and intentionally used and discharged a firearm, causing death (§ 12022.53, subds. (b), (c) & (d)). The amended information further alleged defendant had suffered two serious prior felonies (§§ 667.5, subd. (a)(1), 668 & 1192.7 subd. (c)) and two prior strike convictions (§§ 667 subds. (b)-(i), 668 & 1170.12)). A jury trial began on June 10, 2019. Three days later, defendant entered guilty pleas to counts 3 and 4. He brought a motion for a severance on June 18, 2019, which was denied. On July 1, 2019, the jury found defendant guilty on counts 1 and 2. He waived his right to a separate trial on the priors and admitted the serious felony and strike priors. At defendant’s September 10, 2019 sentencing, the court denied his motion to strike the firearm and priors allegations. As to count 1, the court sentenced defendant to life without the possibility of parole; a consecutive sentence of 25 years to life for the firearm allegation; and an additional five- year term for the serious felony prior. As to count 2, the court imposed the upper term of five years, doubled for the prior strike; 25 years to life for the firearm allegation; and an additional five years for the serious felony prior. The court stayed execution of these terms pursuant to section 654,