People v. Henson CA3

I. BACKGROUND

We summarize the factual and procedural background from our unpublished opinion in defendant’s previous appeal, People v. Henson (Oct. 14, 2020, C084770) [nonpub. opn.] (Henson). We granted defendant’s request to incorporate by reference the record on appeal in Henson. Defendant and members of the Flyboys gang ambushed two police officers and opened fire at them while they were driving away in an unmarked police car. (Henson, supra, C084770.) A jury found defendant guilty of two counts of attempted murder of a peace officer (Pen. Code, §§ 664, subd. (e) & 187, subd. (a)—counts 1 & 2),1 two counts of attempted murder (§§ 664, subd. (a) & 187, subd. (a)—counts 3 & 4), two counts of assault with a semiautomatic firearm on a peace officer (§ 245, subd. (d)(2)—counts 5 & 6), two counts of assault with a semiautomatic firearm (§ 245, subd. (b)—counts 7 & 8), shooting at an occupied vehicle (§ 246—count 9), and active participation in a criminal street gang (§ 186.22, subd. (a)—count 10). The jury further found true the firearm allegations (§§ 12022.5, subd. (a), 12022.53, subds. (c) & (e)) and the criminal street gang allegation (§ 186.22, subd. (b)(1)) as to counts 1…