People v. Thao CA3

FACTS AND PROCEEDINGS

Defendant and five other juveniles (the co-defendants) broke into the home of 73- year old Frank B. Frank B. had been targeted after one of the co-defendants spotted money and other items while visiting Frank B.’s home. Once inside the house, defendant and his cohorts were confronted by Frank B. One of the co-defendants struck Frank B. on the head several times with a baseball bat. Frank B. collapsed in the hallway, bleeding. Defendant and the others spent another 20 minutes ransacking the house before finally leaving with their plunder. Frank B. crawled to the phone and called 911. He was transported to the hospital, where he later succumbed to his injuries. Defendant was charged with felony murder of Frank B. (§ 187, subd. (a)--count 1) and home invasion robbery in concert (§§ 211, 213, subd. (a)(1)(A)--count 2). The complaint alleged that, with respect to count 1, the murder of Frank B. was aided and abetted by defendant while engaged in the commission of the home invasion robbery (§ 190.2, subd. (a)(17)). Defendant entered a plea of no contest to count 1 in exchange for dismissal of count 2 and the People’s stipulation not to proceed with life without…