People v. Thompson CA2/4

INTRODUCTION

Appellant Phillip Norris Thompson appeals from the denial of his petition under Penal Code section 1170.95 (Section 1170.95) to vacate his first degree murder conviction. At appellant’s 1999 trial, it was undisputed that the perpetrators of the murder also committed a robbery, which was not charged. The jury was instructed on two theories of first degree murder: (1) felony murder, premised on the robbery; and (2) premeditated and deliberate murder. The jury was also instructed on a robbery-murder special circumstance allegation, which -- unlike felony murder at the time -- required findings that appellant at least was a major participant in the robbery and acted with reckless indifference to human life. The jury convicted appellant of first degree murder, but found the robbery-murder special circumstance allegation untrue. We affirmed in a prior, unpublished opinion. Years later, through the enactment of Senate Bill No. 1437 (2017-2018 Reg. Sess.) (SB 1437), the felony murder rule was narrowed by the addition of requirements that the defendant at least have been a major participant in the

2 felony and have acted with reckless indifference to human life. Appellant…