P. v.
Filed 9/16/13 P.
v. Henderson CA2/6
NOT TO BE
PUBLISHED IN THE OFFICIAL REPORTS
California
Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 8.1115(b). This
opinion has not been certified for publication or ordered published for
purposes of rule 8.1115.
IN THE
COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND
APPELLATE DISTRICT
DIVISION
SIX
THE PEOPLE,
Plaintiff and
Respondent,
v.
NEIL MORGON HENDERSON,
Defendant and
Appellant.
2d Crim.
No. B245101
(Super. Ct. No.
LA066656-01)
(Los
Angeles County)
Neil Morgon Henderson
appeals a judgment following his conviction of escape by force or violence
(count 1) and resisting an executive
officer (count 2), with findings that he suffered a felony strike
conviction and served three prison terms.
(Pen. Code, §§ 4532, subd. (b)(2), 69, 667, subds. (b)-(i),
1170.12, subds. (a)-(d), 667.5, subd. (b).)
At a jury trial, the
prosecutor presented evidence that on August 16, 2010, Henderson
escaped from a Los Angeles
courtroom as he awaited a hearing. A
deputy sheriff chased him into the hallway and attempted to restrain him. A scuffle ensued and Henderson
pushed the deputy, who fell and injured his head and shoulder. Two police officers then assisted the deputy
in restraining and handcuffing Henderson.
In a separate
proceeding, the prosecutor presented evidence that Henderson
suffered a serious felony strike conviction and served four prison terms. (§§ 667, subds. (b)-(i), 1170.12, subds.
(a)-(d), 667.5, subd. (b).)
The jury convicted Henderson
of escape by force or violence and resisting an executive officer. (§§ 4532, subd. (b)(2), 69.) It found that he did not personally inflict
great bodily injury in committing the crime.
(Former § 12022.7, subd. (a).)
The jury also found that Henderson
suffered a serious felony strike conviction and served four prison terms. (§§ 667, subds. (b)-(i), 1170.12, subds.
(a)-(d), 667.5, subd. (b).) The court
sentenced Henderson to a 15-year prison term, consisting of a doubled six-year
term for count 1, one year for each of three prior prison terms served, and a
stayed three-year term for count 2.
name="_ftnref2" title="">[2] The court also imposed a $200 restitution
fine and a $200 parole revocation restitution fine (stayed), an $80 court
security assessment, and a $60 criminal
conviction assessment.
(§§ 1202.4, subd. (b), 1202.45, 1465.8, subd. (a); Gov. Code,
§ 70373.) The court did not award Henderson
presentence custody credit.
We appointed
in this appeal. After counsel's
examination of the record, she filed an opening
brief raising no issues.
On July 8, 2013,
we advised Henderson
that he had 30 days within which to personally submit any
raise on appeal. We have not received a
response.
We have reviewed the
entire record and are satisfied that Henderson's
attorney has fully complied with her responsibilities and that no
v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is
affirmed.
NOT TO BE PUBLISHED.
GILBERT,
P.J.
We concur:
YEGAN, J.
PERREN, J.
>
Joseph
Brandolino, Judge
Superior
Court County of Los Angeles
______________________________
Joy A. Maulitz, under
appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for
Plaintiff and Respondent.
name="_ftn1" title="">[1] All further
statutory references are to the Penal Code unless stated otherwise.
name="_ftn2" title="">[2] The trial court
did not impose punishment for the fourth prison term served.
