People v. Henderson CA5

INTRODUCTION

A jury convicted appellant James Edward Henderson of first degree robbery (Pen. Code, § 212.5, subd. (a); count 3)1 and false imprisonment (§§ 236, 237, subd. (a); count 4), and found true enhancements for the personal use of a deadly weapon (§ 12022, subd. (b)(1)). In a bifurcated proceeding, the trial court found true the allegation appellant suffered a prior strike conviction (§§ 667, subds. (b)-(i), 1170.12, subds. (a)- (e)). The trial court sentenced appellant to 13 years in state prison as follows: the upper term of six years for the first degree robbery, doubled to 12 years due to appellant’s strike prior, plus one year for the deadly weapon enhancement. On appeal, appellant contends the trial court should have excluded pursuant to Evidence Code section 352 testimony that the victim and a percipient witness were threatened by unidentified third parties. We conclude the threats evidence was properly admitted. Appellant also requests this court to independently review the in camera Pitchess2 proceedings conducted by the trial court. We find no error. In supplemental briefing, appellant contends the matter should be remanded for resentencing in light of newly…