People v. Thompson CA2/2

BACKGROUND

The charges In 1984, defendant and codefendant Oscar Harrison were charged with murder, robbery, and burglary. ~(CT 4-6)~ Midtrial Harrison pled guilty to second degree murder. Defendant was convicted by a jury of first degree murder, which the trial court reduced to second degree murder. ~(CT 7, 23-24; B012630 2 RT 498)~ Defendant was sentenced to a term of 15 years to life in prison, and the judgment was affirmed on appeal in People v. Thompson (Nov. 21, 1985, B012630) (nonpub. opn.).~(CT 25; 233- 234)~

All further statutory references are to the Penal Code, unless otherwise indicated.

2 Prosecution evidence presented at trial On the morning of September 12, 1983, Larry Smith, the manager of an apartment building in Hollywood, discovered the body of Martin Eisinger in Eisinger’s first floor studio apartment. ~(B012630 - 1 RT 70, 183-184, 187)~ Smith smelled a foul odor coming from the apartment and discovered a bent window screen partially hanging off. He then looked in the window and saw Eisinger’s legs protruding from under a blanket, with papers, boxes, and other things strewn about the room. ~(B012630 - 1 RT 189-191)~ Smith did not know that Eisinger was…