People v. Henson CA3

BACKGROUND

As recounted at length in our previous opinion in Henson, supra, C084770, and summarized in Henson I, the evidence presented by the People at defendant’s jury trial established that “[d]efendant and members of the Flyboys gang ambushed two police officers and opened fire at them while they were driving away in an unmarked police car.” (Henson I, supra, C096412.) Following trial, a jury convicted defendant of numerous crimes, including four counts of attempted murder, and found true various enhancing allegations, including a Penal Code section 12022.53, subdivision (c)1 firearm enhancement. (Henson, supra, C084770.) The trial court originally sentenced defendant to an aggregate determinate term of 20 years eight months plus an indeterminate term of 30 years to life composed of the time for two of the counts of attempted murder plus one associated firearm

Undesignated section references are to the Penal Code.

2 enhancement and a substantive gang offense. The terms for the remaining counts and enhancements were stayed or to run concurrent. (Ibid.) Defendant appealed and this court vacated defendant’s convictions for multiple counts and their associated…