P. v. Thomas
On May 3, 2006, an amended information was filed charging appellant Sean Thomas, as well as Wilbur Lawtron Lawson, and Dontae Ray Williams, with the murder of David Avila Rodriguez (Pen. Code, 187, subd. (a)) and robbery (Pen. Code, 211).[1] The information alleged that the murder had been committed during the robbery ( 190.2, subd. (a)(17)). In addition, under both counts, the information alleged that a principal personally used a firearm ( 12022, subd. (a)(1)), and that appellant had suffered two prior convictions within the scope of the Three Strikes law ( 667, subds. (b)-(i), 1170.12, subds. (a)-(d)).[2] Appellant, Lawson, and Williams pleaded not guilty and denied the special allegations.
Williamss trial was severed from that of appellant and Lawson, who were jointly tried. A jury found appellant guilty of first degree felony murder and second degree robbery, and found true the allegations with respect to both crimes that a principal had been armed with a firearm. Because the jury returned no verdict regarding the allegation that the murder occurred while he committed therobbery, the trial court declared a mistrial as to that allegation. During the bench trial on appellants prior convictions, the trial court found that appellant had suffered a single prior strike.[4] The trial court sentenced appellant to a term of imprisonment of 50 years to life plus one year as to the murder count, and to a four-year term as to the robbery count, which was stayed ( 654). This appeal followed.
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