People v. Thomas CA2/3

INTRODUCTION

In 2014, defendant Markell Thomas and a codefendant were charged with murder, attempted murder, and 11 counts of robbery, with gang and gun enhancements. The following year, after agreeing to testify against his codefendant, Thomas pled guilty to one count of manslaughter and two counts of robbery. In 2019, after the Legislature amended the law of accomplice liability for felony murder, Thomas petitioned for recall and resentencing under Penal Code section 1170.95. The trial court denied the petition because section 1170.95 applied only to defendants convicted of murder. While Thomas’s appeal was pending, however, the Legislature passed Senate Bill No. 775 (2020–2021 Reg. Sess.) (S.B. 775), which amended section 1170.95 to apply to defendants, like Thomas, who had been charged with murder or attempted murder but convicted of manslaughter. The People concede, and we agree, that Thomas may be eligible for relief under the amended statute. We therefore reverse and remand for further proceedings.

BACKGROUND1

By information filed December 31, 2014, Thomas and codefendant Ryan Cetris Michael Roth were charged with murder (Pen. Code,2 § 187, subd. (a); count 1); attempted…