People v. Henderson CA5
Opinion
Opinion
INTRODUCTION
In 1992, appellant Curtis Lee Henderson was convicted by jury of first degree murder (Pen. Code,1 § 187) with a robbery-murder special circumstance (§ 190.2, subd. (a)(17)) and robbery (§§ 211, 212.5, subd. (b)). In addition, the jury found true enhancement allegations for the personal use of a firearm (§ 12022.5, subd. (a)) and the infliction of great bodily injury (§ 12022.7). Following the passage of Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill No. 1437), Henderson filed a section 1170.95 petition for resentencing. The superior court denied the petition without appointing counsel or requesting additional briefing. On appeal, Henderson contends the trial court erred in so doing. We affirm.
PROCEDURAL HISTORY
On September 4, 1991, the Fresno County District Attorney filed an amended information charging Henderson with murder (§ 187, subd. (a), count 1) and robbery (§§ 211, 212.5, subd. (b), count 2). As to count 1, the information further alleged a robbery-murder special circumstance (§ 190.2, subd. (a)(17)); as to count 2, an enhancement for the intentional infliction of great bodily injury (§ 12022.7); and as to both counts, enhancements for the…