People v. Thomas CA2/5

INTRODUCTION

A jury convicted defendant and appellant Marlon Thomas of first degree felony murder (Pen. Code, § 187, subd. (a)1); willful, deliberate, and premeditated attempted murder (§§ 664, subd. (a)/187, subd. (a)); first degree burglary (§ 459); and first degree residential robbery (§ 211). As to Thomas’s murder conviction, the jury found true the special circumstance allegations that Thomas committed the murder during the commission of a first degree residential robbery and first degree residential burglary (§ 190.2, subd. (a)(17)) and that he personally used and personally and intentionally discharged a firearm causing great bodily injury and death (§ 12022.53, subds. (b)-(d)). With respect to the attempted murder conviction, the jury found true the allegation that Thomas personally inflicted great bodily injury (§ 12022.7, subd. (a)) and personally used and personally and intentionally discharged a firearm causing great bodily injury (§ 12022.53, subds. (b)-(d)). With respect to the burglary and robbery convictions, the jury found true the allegations that another person who was not an accomplice was present in the residence and Thomas personally used and personally and…