People v. Henderson

Good Law
163 Cal. App. 3d 1001·1985 Cal. App. LEXIS 1556·209 Cal. Rptr. 883
Court of Appeal of CaliforniaJanuary 22, 1985Crim. No. 16014California3,779 words

Opinion

Lead Opinion

Morris, J.

Defendant Michelle Denise Henderson was convicted by jury of robbery (Pen. Code, § 211) and assault with a deadly weapon (Pen. Code, § 245, subd. (a)(2)). Sentence on the robbery conviction was enhanced for committing the felony while armed with a firearm (Pen. Code, § 12022, subd. (a)). Defendant was acquitted of attempted murder. (Pen. Code, § 187.)

On appeal the defendant contends that the trial court erred in that: (1) the aiding and abetting jury instruction given failed to insure a finding of spe *1007 cific intent, (2) the defendant was consecutively sentenced on two legally indivisible crimes, (3) a special jury instruction that specified factors to be considered in deciding whether reasonable doubt as to identity existed was rejected, (4) defendant was prejudicially cross-examined about her presence at a burglary to which her alibi witness pleaded guilty, and (5) relevant details about the prior conviction of a defense witness and evidence about other robberies in which the witness was allegedly involved were excluded.

Facts

On July 30, 1982, Karl Sunderland had withdrawn about $500 from a bank in Sun City and was driving home to Perris. The money was in a…

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