People v. Thomas

Docket NumberB298946
Decision Date28 May 2021
Defendant, along with his codefendants, were tried for murder in violation of Penal Code section 187, subdivision (a); shooting at an inhabited dwelling, in violation of section 246; and felony evading in violation of Vehicle Code section 2800.3, subdivision (a). Defendant was convicted on all counts and the jury found the gang allegation under section 186.22, subdivision (b) true for the shooting at an inhabited dwelling charge. The trial court sentenced defendant to 25 years to life for the...

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18 cases
  • People v. Cooper
    • United States
    • California Court of Appeals
    • April 12, 2022
    ...for resentencing under the Three Strikes Reform Act of 2012 (Proposition 36 or the Act).14 (See, e.g., People v. Thomas (2021) 64 Cal.App.5th 924, 941, 279 Cal.Rptr.3d 335 ; People v. Martinez (2019) 31 Cal.App.5th 719, 725–727, 242 Cal.Rptr.3d 860.) Proposition 36 reduced "the punishment f......
  • The People v. Moody
    • United States
    • California Court of Appeals
    • September 28, 2023
    ... ...           Rob ... Bonta, Attorney General of California, Lance E. Winters, ... Chief Assistant Attorney General, Susan Sullivan Pithey, ... Senior Assistant Attorney General, Noah P. Hill, David F ... Glassman, and Thomas C. Hsieh, Deputy Attorneys General, for ... Plaintiff and Respondent ...           ORDER ... MODIFYING OPINION AND DENYING PETITION FOR REHEARING ...          THE ... COURT [*] : ...          The ... opinion filed September 28, ... ...
  • People v. Adams
    • United States
    • California Court of Appeals
    • April 17, 2023
    ...582, 618.) "'The "litmus test" for cumulative error "is whether defendant received due process and a fair trial."'" (People v. Thomas (2021) 64 Cal.App.5th 924, 971.) The most) two errors in Adams's retrial (the trial court's use of aggravated mayhem instead of simple mayhem as the underlyi......
  • People v. Nedd
    • United States
    • California Court of Appeals
    • January 4, 2022
    ...counts 1 and 2 based on the changes Senate Bill 1437 made to sections 188 and 189, effective January 1, 2019. The court in People v. Thomas (2021) 64 Cal.App.5th 924, that persons (like defendants here) who are convicted before but sentenced after Senate Bill 1437 took effect on January 1, ......
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6 books & journal articles
  • Table of Cases null
    • United States
    • Full Court Press California Guide to Criminal Evidence Table of Cases
    • Invalid date
    ...1998)—Ch. 5-A, §4.2 People v. Thoma, 150 Cal. App. 4th 1096, 58 Cal. Rptr. 3d 855 (2d Dist. 2007)—Ch. 3-B, §1.4.1 People v. Thomas, 64 Cal. App. 5th 924, 279 Cal. Rptr. 3d 335 (2d Dist. 2021)—Ch. 2, §10.1.2 People v. Thomas, 63 Cal. App. 5th 612, 277 Cal. Rptr. 3d 818 (3d Dist. 2021)—Ch. 1,......
  • Table of cases
    • United States
    • James Publishing Practical Law Books California Objections
    • March 29, 2023
    ...2d 199, §§13:30, 21:70, 21:100, 21:120 Thomas, People v. (1967) 65 Cal. 2d 698, 56 Cal. Rptr. 305, §6:120 Thomas, People v. (2021) 64 Cal. App. 5th 924, 279 Cal. Rptr. 3d 335, §§7:70, 21:30, 21:110 Thomas, People v. (2021) 63 Cal. App. 5th 612, 277 Cal. Rptr. 3d 818, §11:10 Thomas, People v......
  • Witness examination
    • United States
    • James Publishing Practical Law Books California Objections
    • March 29, 2023
    ...to say, it is error for counsel to pose these questions to a criminal defendant who is represented by counsel. People v. Thomas (2021) 64 Cal. App. 5th 924, 964, 279 Cal. Rptr. 3d 335. A no contest plea may not be used against the defendant as an admission in any civil suit based upon or gr......
  • Attorney conduct
    • United States
    • James Publishing Practical Law Books California Objections
    • March 29, 2023
    ...misconduct by a codefendant’s counsel is judged by the higher standard of conduct applied to prosecutors. People v. Thomas (2021) 64 Cal. App. 5th 924, 959, 279 Cal. Rptr. 3d 335. §20:20 Court Authority and Sanctions A trial court has inherent as well as statutory discretion to control the ......
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