People v. Thomas CA5
F081270A
| Cal. Ct. App. | Feb 9, 2022Background
- In 1998 Leonard Bryce Thomas was convicted of second‑degree murder for the disappearance/killing of his wife and sentenced to 15 years to life; the body was never recovered.
- Petitioner filed a pro se section 1170.95 petition in January 2019 claiming he was prosecuted under a felony‑murder or natural‑and‑probable‑consequences (NPC) theory and thus may be eligible under SB 1437.
- Counsel was appointed, the People opposed, and the court set a prima facie review; petitioner waived personal appearance for various status dates and counsel waived his presence at the prima facie hearing.
- At the June 5, 2020 prima facie stage the trial court reviewed the record of conviction (including jury instructions and appellate opinion), concluded the prosecution tried him as the actual killer (not under felony‑murder or NPC), and denied the petition without issuing an order to show cause.
- Thomas appealed, arguing the court improperly relied on the record of conviction, violated his right to be present, and should have issued an order to show cause because his petition was facially sufficient. The Court of Appeal affirmed.
Issues
| Issue | Plaintiff's Argument (People) | Defendant's Argument (Thomas) | Held |
|---|---|---|---|
| Whether the trial court could consider the record of conviction at the prima facie stage | The court properly may review the record of conviction to distinguish meritless petitions from those requiring an OSC | Court was not authorized to rely on jury instructions and appellate opinion at prima facie | Affirmed: trial court may consider the record of conviction at the prima facie stage (Lewis) |
| Whether Thomas had a right to be personally present at the prima facie hearing | No constitutional right to be personally present because the prima facie step is non‑adversarial, legal, and does not involve sentencing discretion | Denial of due process by holding the prima facie hearing in his absence without a personal waiver | Affirmed: no right to personal presence at section 1170.95 prima facie hearing; counsel may waive presence |
| Whether the petition was facially sufficient and required issuance of an order to show cause | Petitioner was ineligible because the record shows he was convicted as the actual killer, not under felony‑murder or NPC theory | The verdict/instructions were ambiguous and could support NPC liability; court should have issued OSC | Affirmed: petitioner ineligible as a matter of law because jury was not instructed on felony‑murder or NPC and prosecution argued actual killer; no OSC required |
Key Cases Cited
- People v. Gentile, 10 Cal.5th 830 (explaining SB 1437 reforms and purpose of section 1170.95)
- People v. Lewis, 11 Cal.5th 952 (trial court may consult record of conviction at the prima facie stage; limits on factfinding)
- People v. Bryant, Smith & Wheeler, 60 Cal.4th 335 (defendant's right to be present applies at critical stages)
- People v. Perry, 38 Cal.4th 302 (defendant may be excluded from proceedings that are purely legal in nature)
- People v. Doolin, 45 Cal.4th 390 (sentencing and resentencing are critical stages implicating presence rights)
- People v. Soto, 51 Cal.App.5th 1043 (distinguishing implied "natural consequences" malice from the NPC doctrine)
- People v. Chiu, 59 Cal.4th 155 (discussion of malice and accomplice liability doctrines)
- People v. Watson, 46 Cal.2d 818 (prejudice standard—reasonable probability of a different outcome)