People v. Henderson

Defendant James Henderson appeals from a judgment and conviction imposed after he was tried by a jury and found guilty of robbery, in violation of Penal Code section 211. The People also appeal, contending that the trial court erroneously ruled that defendant’s prior conviction of violating section 288a did not constitute a prior serious felony within the meaning of section 667, subdivision (a).

The Evidence

I.-VI.

VII. People’s Appeal

As we have previously noted, the People have also appealed, pursuant to section 1238, subdivision (10), which authorizes the People to appeal from the imposition of an unlawful sentence, contending that the trial court was required, but failed, to enhance defendant’s sentence by five years based upon his prior conviction for violating section 288a. This question was argued at some length after the jury had returned its verdict convicting defendant of robbery.

Defendant’s prior conviction occurred in August 1982 and was for an offense committed on July 15, 1982, after the passage of Proposition 8. On the date when the prior crime was committed, section 288a defined oral copulation, and subdivision (c) of that statute provided, in…