People v. Thomas CA2/7

INTRODUCTION

Andre Lowe was shot and killed during a fight outside a club in Hollywood. Video recordings made by people at the scene captured images of a man pointing a gun toward Lowe at the time shots were fired, as well as the license plate of the car the same man then drove over Lowe’s body. Based on the video footage and other evidence, police identified Robert Earl Thomas III as the shooter. A jury convicted Thomas of first degree murder and found true gang and firearm allegations. The trial court sentenced Thomas to state prison for a term of 50 years to life. Thomas appeals, arguing his counsel provided ineffective assistance by failing to object when a police officer, familiar with Thomas’ criminal record, testified during cross-examination that she checked to see whether Thomas was “still in custody” before telling a detective investigating the Lowe murder that she recognized the shooter as Thomas, and by failing to seek a mistrial when the detective testified he contacted “a parole agent” after Thomas became the focus of the investigation. Because we conclude defense counsel’s performance fell within the wide range of reasonable professional assistance, that defense…