Thompson

INTRODUCTION

In April 1996, defendant James Alvin Thompson was convicted of first degree

murder by a jury which also found true the special circumstance allegation that the

murder was committed while Thompson was engaged in the commission or attempted

commission of robbery and that he had previously been convicted of murder. (Pen. Code,

§§ 187, 189, 190.2, subd. (a)(2) & (a)(17)(A).)1 Following the penalty phase, the jury

returned a verdict of death. After denying Thompson’s motions for a new trial (§ 1181)

and for modification of the penalty (§ 190.4, subd. (e)), the trial court sentenced him to

death. On direct appeal, the conviction and sentence were affirmed.

Following the enactment of Senate Bill No. 1437 (§ 1170.95, renumbered as

§1172.6),3 Thompson filed a petition for resentencing. The trial court summarily denied

the petition, ruling that the findings on the special circumstances allegations rendered him

statutorily ineligible. On appeal, Thompson argues the trial court erred in concluding the

special circumstances findings rendered him ineligible. We remand with directions to

All further statutory references are to the Penal Code unless otherwise…