Dec. 5, 2022 – People v. Henley (4th Dist., Div. 1, D079001)

Agreeing with People v. Cooper (2022) 77 Cal.App.5th 393, the Court of Appeal holds that the jury’s not-true finding on a firearm enhancement at defendant’s murder trial precluded the trial court from denying defendant’s PC 1172.6 resentencing petition based in part on the court’s finding, following a (d)(3) hearing, that defendant was personally armed with a firearm during the incident. The Court of Appeal reverses and remands for a new (d)(3) hearing.