People v. Thomas CA3

FACTS AND HISTORY OF THE PROCEEDINGS

In 2020, a jury found defendant guilty of first degree murder and arson. He was sentenced to 50 years to life in state prison, and the trial court imposed a $10,000 restitution fine under section 1202.4, subdivision (b). (People v. Thomas (Oct. 10, 2022, C091728) [nonpub. opn.] (Thomas).) Defendant appealed, and this court affirmed the judgment. (Ibid.) In May 2022, defendant filed a section 1172.6 petition for resentencing declaring that a complaint, information, or indictment was filed against him that allowed the prosecution to proceed on a theory of felony murder, murder under the natural and probable consequences doctrine or other theory under which malice is imputed to a person based solely on that person’s participation in a crime, that he was convicted of murder following a trial, and that he could not presently be convicted of murder because of changes made to sections 188 and 189, effective January 1, 2019. Defendant requested the appointment of counsel. The trial court appointed counsel and received briefing from the parties. The People opposed the petition, arguing defendant was not entitled to relief as a matter of law because at…