People v. Thomas CA2/3

BACKGROUND

An amended information charged Thomas with murder (Pen. Code,1 § 187, subd. (a)) (count 1) and second degree robbery (§ 211) (count 2). In count 1, the information alleged that a principal was armed with a firearm (§ 12022, subd. (a)(1)), and the murder was committed during a robbery (§ 190.2, subd. (a)(17)). In both counts 1 and 2, the information alleged Thomas personally and intentionally discharged a firearm causing death (§ 12022.53, subds. (b)–(d)), and the crimes were gang-related (§ 186.22, subd. (b)(1)(C)). The prosecution did not seek the death penalty. Thomas pleaded not guilty. After trial, a jury found him guilty of first degree murder in count 1 and second degree robbery in count 2, and found all the allegations true. The court sentenced Thomas to life without the possibility of parole (LWOP) and 25 years to life for the firearm enhancement on count 1, staying the sentence on count 2 under section 654. Thomas filed a timely notice of appeal. 1. The robbery and murder On the night of November 2, 2014, 20-30 costumed guests between 35 and 50 years old were drinking alcohol and enjoying themselves at a Halloween party on West 77th Street in Los Angeles,…