People v. Thomas CA5

INTRODUCTION

In 1998, petitioner Leonard Bryce Thomas was convicted of the second degree murder of his wife, Lisa Thomas. 1 (Pen. Code,2 § 187, subd. (a); count 1.) For this offense, he was sentenced to a term of 15 years to life. In 2019, petitioner filed a petition for resentencing pursuant to section 1170.95. The trial court denied the petition on the ground petitioner was convicted as the actual killer, a disqualifying factor pursuant to section 1170.95, subdivision (a)(3). On appeal, petitioner argues the court erred by (1) relying on the court file and the opinion in petitioner’s direct appeal; (2) holding the prima facie hearing in petitioner’s absence; and (3) denying his facially sufficient petition without issuing an order to show cause. We reject petitioner’s arguments and affirm.

FACTUAL AND PROCEDURAL HISTORY

Very briefly stated, Lisa was last seen on August 11, 1996, at the apartment she shared with defendant. Her twin sister reported her missing on August 21, 1996. Lisa’s body was never recovered. (People v. Thomas (May 25, 2001, F031792) [nonpub. opn.].) On December 16, 1997, the Kern County District Attorney filed an information charging petitioner with first…