People v. Henson CA2/7

INTRODUCTION

In 2001 Donald Raye Henson was a participant (but not the shooter) in a drive-by shooting that left one person dead and another injured. A jury convicted Henson and the shooter, Dante Brown, of first degree murder and attempted murder, and we affirmed the convictions. (People v. Brown (Sept. 13, 2004, B162138) [nonpub. opn.] (Brown).) Henson appeals from the superior court’s order denying his petition for resentencing under Penal Code section 1170.95 (now section 1172.6) following an evidentiary hearing.1 Henson argues that substantial evidence did not support the court’s finding beyond a reasonable doubt Henson was a direct aider and abettor who acted with the specific intent to kill and that the superior court improperly relied on our opinion in Brown. We conclude that substantial evidence supported the court’s findings and that any error in relying on our opinion in Brown was harmless. Therefore, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. Following a Drive-by Shooting, Police Arrest Brown and Henson On January 16, 2001 Hashim Keaton and Anthony Stubbs, a member of the Rollin’ 20’s Bloods criminal street gang, were walking on a sidewalk. A car slowed…