People v. Henderson

Caution
1990 Cal. App. LEXIS 1280·225 Cal. App. 3d 1129·275 Cal. Rptr. 837·90 Daily Journal DAR 13779·90 Cal. Daily Op. Serv. 8701
Court of Appeal of CaliforniaNovember 30, 1990Docket Nos. A036286, A036290California11,084 words

Opinion

Opinion

Merrill, J.

Appellants Philip and Velma Henderson were charged by amended information with four counts of first degree murder (Pen. Code, § 187), two counts of robbery (§211), and one count of auto theft (Veh. Code, § 10851). Robbery-murder special circumstances were alleged in connection with the four murder counts (§ 190.2, subd. (a)(17)(i)). In addition, the information contained a multiple-murder special-circumstance allegation (§ 190.2, subd. (a)(3)) as to both appellants. Appellants pleaded not guilty to all counts and denied the special circumstance allegations.

Among the numerous pretrial motions filed by appellants was a motion to suppress evidence pursuant to section 1538.5 and a challenge to the jury selection system in the City and County of San Francisco, both of which were denied.

The court granted appellants’ motions to sever their trials and Philip Henderson’s trial was the first to take place. The jury convicted him of first degree murder of Raymond (Ray) Boggs, first degree murder of Andrea (Angie) Boggs, second degree murder of a fetus, voluntary manslaughter of Raymond Boggs, Jr., two counts of robbery and one count of auto theft. In addition, the…

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