People v. Thompson CA2/7

INTRODUCTION

Sekou Kwane Thompson appeals from the superior court’s order after an evidentiary hearing denying his petition for resentencing under Penal Code section 1172.6.1 He argues substantial evidence did not support the superior court’s ruling he could be convicted under current law of murder as a direct aider and abettor and as a major participant in a felony murder. We conclude substantial evidence supported the former ruling. Therefore, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. A Jury Convicts Thompson of First Degree Murder Late one evening in July 1988 Lisa Lee and her two-year- old son Dionsa returned home after spending the evening with Lee’s mother. (People v. Thompson (1992) 7 Cal.App.4th 1966, 1969 (Thompson I).) Lee gave Dionsa a bath and brought him to his bedroom, where he jumped up and down on the bed. (Ibid.) Close to midnight, Lee reached for Dionsa’s pajamas and heard the bedroom window break. (Ibid.) She looked at the window and saw a “fireball” fly into the room and roll under the bed. (Ibid.) The bed went up in flames, and the flames engulfed

Statutory references are to the Penal Code. At the times Thompson filed his petition and the…