People v. Thomas CA2/1

BACKGROUND

An information charged Thomas with the attempted premeditated murder of Michael Watson, in violation of Penal Code1 sections 664 and 187, subdivision (a) (count 1); assault with a firearm on Umeka Holley, in violation of section 245, subdivision (a)(2) (count 2); and felon in possession of a firearm in violation of section 12021, subdivision (a)(1) (count 3). The information also alleged as to counts 1 and 2 that Thomas personally used a firearm (§§ 12022.5, subd. (a), 12022.53, subd. (c)), and that Thomas committed the offenses in all counts in association with a criminal street gang, in violation of section 186.22, subdivision (b)(1)(C). Count 3 alleged that Thomas had a prior conviction in 2005 of violating section 245, subdivision (c) (assault on a peace officer or firefighter with a deadly weapon or by means of force likely to produce great bodily injury). Thomas pleaded not guilty and went to trial, after which a jury found him guilty on all three counts and found the gang allegations true. An amended information alleged as to counts 1, 2, and 3 that the 2005 prior conviction was a prior strike pursuant to sections 1170.12, subdivisions (a) through (d) and 667,…