Thomas

People v. Thomas

Bad Law
150 Cal. Rptr. 3d 361·2012 Cal. App. LEXIS 1249·211 Cal. App. 4th 987
Court of Appeal of CaliforniaDecember 11, 2012No. D057485California11,813 words

Opinion

Lead Opinion

Nares, J.

In this gang-related murder case, an amended information charged Edward Eugene Thomas and Dejon Satterwhite (together defendants), who are half brothers, each with seven offenses: two counts of murder (counts 1 & 7; Pen. Code, § 187, subd. (a) (statutory references will be to the Penal Code unless otherwise specified)) for the murders of Lee Smith (count 1) and Richard Wilson (count 7); three counts of attempted premeditated and deliberate murder (counts 2, 4 & 6; §§ 664, 187, subd. (a)) for the attempted murders of Charles Foster (count 2), Christopher Scott *991 (count 4), and Michael Canty (count 6); and two counts of shooting at an occupied motor vehicle (counts 3 & 5; § 246).

As to the two murder counts, the amended information alleged two special circumstances: (1) the murders were intentional and perpetrated by means of discharging a firearm from a motor vehicle (§ 190.2, subd. (a)(21)) and (2) defendants were each convicted in this proceeding of more than one murder (§ 190.2, subd. (a)(3)).

As to all seven counts, it was alleged that (1) defendants were principals and a principal personally used and discharged a firearm (§ 12022.53, subds. (b), (c), (e)(1)); (2)…

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