People v. Henderson

A jury convicted Jacob Henderson of two counts of first degree murder, with special circumstances, and one count of second degree murder. (Pen. Code, §§ 187, subd. (a), 189, 190.2, subd. (a)(3).) The jury found true allegations of use of a deadly weapon in each murder. (§ 12022, subd. (b).)

After two penalty trials in which the juries could not reach unanimous verdicts, the prosecution abandoned its efforts to obtain a death penalty. Henderson was sentenced to two consecutive terms of life without parole, consecutive to a 15-year-to-life term for second degree murder plus terms for the deadly weapons enhancements.

Henderson appeals raising a single contention. He contends the trial court erred in failing to instruct the jury on the principles of flight as it related to a third party, whom the defense contended could have committed two of the murders. We will affirm.

STATEMENT OF FACTS

The three murders in this case occurred in late 1990 and early 1991. Henderson confessed to the three murders after he was arrested in 1999 for a totally unrelated offense. As Henderson does not challenge either the admissibility or the sufficiency of the evidence to support his…