People v. Thomas CA2/4

INTRODUCTION

A jury convicted defendant and appellant Frederick Jermone Thomas of the 1980 murder of Sarai K. Ribicoff. In 2019, Thomas filed a petition for recall and resentencing under former Penal Code section 1170.95.1 The trial court denied the petition, concluding the record demonstrated as a matter law Thomas was the actual killer. On appeal, Thomas argues the court erred by concluding he was the actual killer without first issuing an order to show cause and holding an evidentiary hearing. We agree and reverse the order denying Thomas’s petition. On remand, the trial court is directed to issue an order to show cause and hold an evidentiary hearing on whether Thomas is entitled to relief under section 1172.6.

PROCEDURAL BACKGROUND2

The Los Angeles County District Attorney filed an information charging Thomas with murder. (§ 187, subd. (a).) The information further alleged Thomas committed the murder during an attempted robbery and robbery (§ 190.2, subd. (a)(17)) and personally used a firearm (§ 12022.5, subd. (a)). A jury found Thomas guilty of murder and found true the robbery special

All undesignated statutory references are to the Penal Code. Effective June…