In re Henry CA1/4

I. INTRODUCTION

Robert Henry, who was convicted of the murder of Andre Johnson in 1986, has filed a habeas petition seeking relief based on newly discovered evidence (Pen. Code, § 1473, subd. (b)(3)) and false evidence (id., subd. (b)(1)).1 His conviction carried a special circumstance finding that the murder was intentional and committed for financial gain. (§ 190.2, subd. (a)(1).) Henry was sentenced to life imprisonment without the possibility of parole (LWOP). This court affirmed the conviction in a 1988 unpublished opinion. (People v. Henry (Sept. 21, 1988, A035447) [nonpub. opn.].) As we recently outlined in an unpublished opinion affirming the denial of Henry’s petition for resentencing under section 1170.95: “The prosecution’s theory at trial was that Henry hired Francis Lee Brewer to kill Cedric Turner (who Henry believed had participated in a robbery of Henry), and Brewer instead shot and killed Johnson, believing Johnson to be Turner.

Undesignated statutory references are to the Penal Code. 1 The prosecution argued Henry was guilty of aiding and abetting the murder of Johnson on a transferred intent theory.” (People v. Henry (Feb. 26, 2021, A158921) [nonpub.…