People v. Henderson CA4/1

Filed 12/19/22 P. v. Henderson CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D080850

Plaintiff and Respondent,

v. (Super. Ct. No. RIF1201399)

CALEB MARQUAN HENDERSON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Riverside County, William S. Lebov, Judge. (Retired Judge of the Yolo Sup. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed. Marcia R. Clark, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. In 2013, a jury convicted Caleb Marquan Henderson of two counts of

attempted premeditated murder (Pen. Code,1 §§ 187, subd. (a), 664) and found true an allegation that a principal discharged a firearm causing serious

1 All further statutory references are to the Penal Code.

bodily injury (§ 12022.53, subds. (d), (e)(1)). The jury also convicted Henderson of being an active participant in a criminal street gang (§ 186.22, subd. (a)). The alleged serious felony prior conviction and a strike conviction were found true. Henderson was sentenced to a total term of 50 years to life consecutive to a determinate term of 27 years 8 months. Henderson appealed and this court affirmed the judgment in an unpublished opinion. (People v. Branch, et.al. (May 8, 2015, D067450).) In 2019, Henderson filed a petition for resentencing under former section 1170.95 (now renumbered 1172.6). The petition was denied by the trial court on the grounds attempted murder was not covered by former section 1170.95. Henderson appealed and this court affirmed. The Supreme Court granted review and remanded the case for reconsideration in light of Senate Bill No. 775. This court reconsidered the opinion and reversed the order denying resentencing and remanded for further proceedings. (People v.