California v. Henderson
Annotate this CaseA jury convicted Ian Henderson and codefendant Zavier Marks of attempted murder (count 1) and shooting at an inhabited dwelling (count 2). With respect to count 1, the jury found true allegations that the attempted murder was committed by both defendants willfully and with deliberation and premeditation. It found not true allegations as to both counts that the defendants committed the offenses for the benefit of, at the direction of, or in association with a criminal street gang. The court dismissed allegations that as to both counts, a principal either used a firearm, discharged a firearm, or discharged a firearm causing great bodily injury. However, it found true allegations that Henderson and Marks each suffered a single conviction constituting both a serious felony prior conviction, and a prior strike conviction. The court sentenced Henderson to a 29-year-to-life prison sentence: seven years to life on count 1 doubled to 14 years to life by his strike prior, plus a consecutive middle term of five years on count 2 doubled to 10 years, and an additional consecutive five years for the serious felony prior conviction. It sentenced Marks to 19 years to life in prison: seven years to life on count 1 doubled to 14 years to life by the strike prior conviction, plus a concurrent midterm of five years on count 2 doubled to 10 years, and a five-year enhancement for the serious felony prior conviction. Both defendants appealed their respective sentences. In supplemental briefing, both Henderson and Marks asked the Court of Appeal that the matter be remanded for resentencing so that the trial court may exercise its discretion whether to impose or strike the five-year sentence for their prior serious felonies. Pointing out the court did not indicate at sentencing whether it would have stricken the five-year terms if it knew it had discretion to do so, the State conceded the matter should have been remanded so the court could exercise its discretion whether to strike those terms. The Court of Appeal agreed with the concession, vacated the sentences and remanded for resentencing.
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