People v. Thomas CA1/4

I. BACKGROUND

A. Thomas’s 1999 Offenses and 2005 Sentencing In 2004, Thomas was convicted of multiple offenses, and the judgment entered against him was affirmed on appeal in People v. Thomas (Oct. 17, 2008, A110427) [nonpub. opn.]. As recounted in that unpublished opinion, early in the morning of September 17, 1999, Thomas confronted a woman walking on the street in Richmond, California and pushed against her side what she believed was a knife. He walked her to some bushes and pushed her into them, made her remove a pant leg and unfastened her bra, put his hand on her breast, and got on top of her. He then tried two or three times to penetrate her but was unsuccessful. He made her put his penis in her mouth and had sexual intercourse with her, ejaculating inside her. He then got up, grabbed her purse, and left. Subsequently, a vaginal swab was taken from the woman. DNA testing of sperm found on the swab ultimately led investigators to Thomas. Thomas was charged by information with one count of rape (§ 261, subd. (a)(2), count one); one count of forcible oral copulation (§ 288a, subd. (c)(2), count two); two counts of attempted rape (§§ 261, subd. (a)(2), 664, counts three and…