People v. Henderson CA4/3

Filed 8/6/21 P. v. Henderson CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G059427

v. (Super. Ct. No. 05HF0372)

JENNIFER LYNN HENDERSON, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Maria D. Hernandez, Judge. Affirmed. Fay Arfa for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Senior Assistant Attorney General, Meredith S. White and Scott C. Taylor, Deputy Attorneys General, for Plaintiff and Respondent.

Jennifer Lynn Henderson appeals from the trial court’s postjudgment order 1 denying her petition for resentencing pursuant to Penal Code section 1170.95. Henderson asserts the court improperly determined she was ineligible for resentencing as a matter of law. We disagree, and affirm the postjudgment order denying her petition for resentencing. FACTS I. Underlying Crimes A detailed recitation of the facts is set forth in the prior opinion in this case. (People v. Henderson (July 17, 2009, G039432) [nonpub. opn.] (Henderson I).) In sum, a jury convicted Henderson of two counts of first degree murder for financial gain for her involvement in the murders of Thomas and Jackie Hawks. Skylar Deleon and two confederates murdered the Hawks in November 2004. As we explained in Henderson I, “The evidence at trial established Deleon, Alonso Machain, and John Kennedy ruthlessly murdered the Hawks on their yacht, the ‘Well Deserved,’ by tying them to an anchor and throwing the anchor over the side. Deleon posed as a buyer of the yacht, Machain as his friend, and Kennedy as his accountant. At the time, Deleon and Henderson were married. After Henderson rejected the prosecutor’s two offers of complete immunity in exchange for her testimony against Deleon, the People prosecuted Henderson for two counts of first degree murder based on the theory she used her child to persuade the Hawks that Deleon was a legitimate buyer, knowing he was going to murder them. [¶] At trial, the court admitted evidence Henderson assisted Deleon in escaping liability for the murder of Jon Jarvi months before the offenses here. With respect to the Hawks, the evidence established that on the day before their final voyage, Deleon sensed the Hawks doubted he was a legitimate buyer, and Henderson complied with his instructions to bring their infant child to the yacht to convince the Hawks otherwise. The evidence at trial also