People v. Thomas CA2/5

I. BACKGROUND

A. Defendant’s Conviction and Sentencing On the morning of Friday, November 8, 1991, Donald Lee (Lee), who owned a check cashing business, withdrew $64,000 in cash from a branch of Wells Fargo Bank located on South Sepulveda Boulevard in Los Angeles. Moments after Lee left the bank through its rear door, defendant accosted him. Matters escalated quickly with both men drawing guns from their waistbands and opening fire at each other. Lee was hit multiple times and fell to the ground, fatally wounded. Defendant, also wounded, grabbed the bag containing most of Lee’s cash and fled the scene with two accomplices. At the time, defendant was 19 years old.

2 The Los Angeles District Attorney charged defendant by information with murder (Pen. Code,1 § 187, subd. (a)) and second degree robbery (§ 211). The information also alleged defendant committed the murder while engaged in the commission of a robbery (§ 190.2, subd. (a)(17)), personally used a handgun (§ 12022.5, subd. (a)), and was a principal armed with a handgun (§ 12022, subd. (a)(1)). A jury found defendant guilty of both crimes and found true the special circumstance and firearm allegations. The trial court…