Thompson

Facts and Proceedings Below

This is an appeal after remand following a prior decision of this court whereby we instructed the trial court to resentence the defendant either to 25 years to life or to life without possibility of parole and to stay the other sentence. On remand, the trial court sentenced defendant to life without possibility of parole and stayed the 25 years to life sentence. We affirm.

The discussion of the facts comes from our previous opinion in People v. Thompson (1992) 7 Cal.App.4th 1966, 1969-1970 [ 10 Cal.Rptr.2d 15 ],

“It was about 11:30 p.m., July 3, 1988, when Lisa Lee and her two-year-old son Dionsa returned home after an evening at grandmother’s house. Lisa gave Dionsa a bath and brought him to his bedroom—the front bedroom, closest to the street. The lights were on and only thin curtains covered the two windows. By now it was almost midnight. Dionsa, naked from his bath, was on his bed jumping up and down. Lisa was reaching for her son’s pajamas, her side to the windows, when she heard the window break. She looked at the window and saw a second ‘cocktail’—a ‘fireball’—fly into the room and roll under the bed. The bed went up in flames and she…