People v. Thomas CA2/7

background and do not rely on the facts for purposes of this appeal. (See People v. Lee (2023) 95 Cal.App.5th 1164, 1183 [“the factual summary . . . may not be used to determine a petitioner’s eligibility at the prima facie stage”]; People v. Bratton (2023) 95 Cal.App.5th 1100, 1113 [same].)

2 On February 4, 1988 Thomas knocked on Jones’s door. Jones let him in, and Thomas stabbed Jones to death with a pair of scissors. Jones kept a cloth purse containing money tucked into her bra, secured with a safety pin. After the killing, the cloth purse was missing, but a safety pin was found near her body. In April 1988 an information charged Thomas with seven felony counts relating to three incidents. Thomas was the only defendant. As to the killing of Paul and Jones, the information charged Thomas with two counts of willful, deliberate, and premeditated murder (§ 187; counts 1 & 4) with a special circumstance allegation that the murders occurred while Thomas was engaged in a robbery or burglary (§ 190.2, subd. (a)(17)). The information further alleged a multiple-murder special circumstance (§ 190.2, subd. (a)(3)). Also with respect to Paul and Jones, the information charged Thomas with…