The People v. Thomas
218 Cal. App. 4th 630
| Cal. Ct. App. | 2013Background
- Parking disputes at an Oakland apartment escalated into a heated verbal and physical altercation between defendant Jamie Thomas and Sam Navarro (and friends); Thomas was struck and beaten shortly before the shooting.
- Thomas retrieved a loaded SKS rifle from his car; shortly afterwards Navarro approached and Thomas shot and killed him. Thomas claimed fear, confusion, and that he did not intend to fire; the jury convicted him of second‑degree murder and found firearm enhancements true.
- At trial the court instructed on murder, imperfect/self‑defense manslaughter, and self‑defense, but refused Thomas’s requested CALCRIM 570 instruction (heat of passion/sudden quarrel) and did not give CALCRIM 522 (provocation reducing degree of murder).
- On direct appeal this court initially applied California’s Watson harmless‑error standard (as in Breverman and Moye) and affirmed, but the California Supreme Court directed the court to decide whether the failure to instruct on heat of passion was federal constitutional error.
- The court held the omission was federal constitutional error because it relieved the People of proving malice beyond a reasonable doubt when provocation was put in issue; applying Chapman harmless‑error review, the court found the error prejudicial and reversed the murder conviction.
- Remedy: People have 60 days to retry for murder; if they decline, the judgment will be modified to voluntary manslaughter with firearm enhancements considered for sentencing; habeas petition dismissed as moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court erred by refusing CALCRIM 570 (heat of passion) | Court correctly refused because evidence of sudden quarrel/heat of passion was insufficient | Sufficient evidence (recent fight, beating, emotional disturbance) required instruction | Error: court should have instructed on CALCRIM 570 and arguably CALCRIM 522 because a reasonable jury could find provocation negated malice |
| Whether omission is federal constitutional error (i.e., deprives People of proving malice beyond reasonable doubt) | Error was state law only; Watson harmless‑error review applies | Failing to instruct on provocation when warranted is due process error under Mullaney | Federal constitutional error: failure to instruct relieved prosecution’s burden to prove absence of provocation and thus malice |
| Harmless‑error standard to apply | Watson (California reasonable‑probability test) sufficed | Chapman (harmless beyond a reasonable doubt) applies to federal constitutional error | Chapman applies; under that test the omission was not harmless and was prejudicial |
| Remedy when error affects degree of offense only | Affirm under Watson or remand for retrial? | Reduce to manslaughter if People decline retrial | Court reverses murder conviction and gives People 60 days to retry; otherwise judgment modified to voluntary manslaughter with firearm enhancements considered at resentencing |
Key Cases Cited
- Mullaney v. Wilbur, 421 U.S. 684 (constitutional requirement that prosecution prove absence of heat of passion when provocation is raised)
- Chapman v. California, 386 U.S. 18 (harmless‑error standard for federal constitutional errors)
- People v. Breverman, 19 Cal.4th 142 (sua sponte duty to instruct on voluntary manslaughter when evidence supports heat of passion)
- People v. Moye, 47 Cal.4th 537 (instructional‑error analysis and discussion of provocation issues)
- People v. Watson, 46 Cal.2d 818 (California test for harmless error)
- Patterson v. New York, 432 U.S. 197 (distinguishing allocation of burden on provocation issues)
- People v. Rios, 23 Cal.4th 450 (prosecution must prove absence of provocation beyond a reasonable doubt when defendant raises it)
- People v. Beltran, 56 Cal.4th 935 (heat of passion negates malice; discussion of manslaughter as lesser included offense)
- People v. Swain, 12 Cal.4th 593 (error in malice instruction is Chapman‑type constitutional error)