People v. Henderson CA5

INTRODUCTION

In 1998, a jury convicted Daniel Jess Henderson (appellant) of carjacking and other offenses. The trial court sentenced appellant to 25 years to life plus 12 years in state prison. The sentence included four 1-year prior prison term enhancements (Pen. Code, § 667.5, subd. (b)),1 three of which were ordered stayed. In 2023, appellant was recalled for resentencing pursuant to Senate Bill No. 483 (2021–2022 Reg. Sess.) (Stats. 2021, ch. 728, § 3) (Senate Bill 483) because his judgment included now invalid prior prison term enhancements. (§ 1172.75, subd. (a).) At resentencing, the trial court struck the enhancements but denied appellant’s requests to dismiss other enhancements and findings. The court resentenced appellant to 25 years to life plus 11 years in state prison. On appeal, the parties agree the trial court failed to recalculate appellant’s custody credits at resentencing and specify the updated total in the amended abstract of judgment. The parties also agree appellant’s restitution fine must be stricken pursuant to recently enacted section 1465.9, subdivision (d). We agree with the parties, and we remand the matter to the trial court for the limited purpose…