Modification: People v. Henderson

THE PEOPLE,

Plaintiff and Respondent,

v.

KEJHONNE M. HENDERSON,

Defendant and Appellant.

No. C088883

(Super. Ct. No. 17FE008447)

California Court of Appeal

Third Appellate District

Filed May 24, 2022

ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING

[NO CHANGE IN JUDGMENT]

APPEAL from a judgment of the Superior Court of Sacramento County, Stacey Eurie Boulware, Judge. Affirmed as modified.

Byron C. Lichstein, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris and Xavier Becerra, Attorneys General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans, Supervising Deputy Attorney General, Timothy L. O'Hair, Deputy Attorney General, for Plaintiff and Respondent.

THE COURT:

It is ordered that the partially published opinion filed on May 11, 2022, be modified as follows:

On page 63, under the heading Disposition, delete and replace with the following:

We affirm the conviction but remand to allow the trial court to consider exercising its discretion under section 12022.53, subdivision (h) and section 1385 to strike the section 12022.53, subdivision (d) enhancement in the interest of justice and impose instead a lesser enhancement under subdivisions (b) or (c) of section 12022.53.

This modification does not change the judgment. Appellant's petition for rehearing is denied.

FOR THE COURT:

HULL, Acting P. J.

HOCH, J.

MURRAY, J.*

* Retired Associate Justice of the Court of Appeal, Third Appellate District, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.