Nov. 17, 2022 – People v. Henderson (Supreme Ct., S265172)

The Supreme Court holds that, following Prop 36 (the Three Strikes Reform Act), a sentencing court retains discretion under People v. Hendrix (1997) 16 Cal.4th 508 to impose concurrent sentences on serious or violent felonies committed on the same occasion or arising from the same set of operative facts. Based on the trial court’s comments at sentencing suggesting it did not believe it had such discretion, the Supreme Court remands for a new sentencing hearing.