P. v. Thomas
Appellants John Thomas, Jr., and Johnte Devon Allen (Thomas and Allen, respectively; collectively, appellants) stand convicted, following a jury trial, of first degree murder perpetrated during the commission or attempted commission of robbery, burglary, and carjacking (Pen. Code,[1] 187, subd. (a), 189, 190.2, subds. (a)(17)(A), (G) & (L); count 1), attempted premeditated murder ( 187, subd. (a), 189, 664; count 2), assault with a firearm ( 245, subd. (a)(2); counts 3 & 4), attempted robbery in an inhabited dwelling ( 212.5, subd. (a), 664; count 5), attempted carjacking ( 215, subd. (a), 664; count 6), robbery in an inhabited dwelling ( 212.5, subd. (a); counts 7 & 8), and carjacking ( 215, subd. (a); count 9). As to counts 1 and 2, the jury found that appellants personally and intentionally discharged a firearm, proximately causing great bodily injury or death ( 12022.53, subd. (d)); as to counts 3 and 4, that appellants personally used a firearm ( 12022.5, subd. (a)); and as to counts 5-9, that appellants personally and intentionally discharged a firearm ( 12022.53, subd. (c)). The People elected not to seek the death penalty, and, upon appellants convictions, dismissed criminal street gang enhancement and special circumstance allegations ( 186.22, subd. (b), 190.2, subd. (a)(22)) that had been bifurcated for trial. Thomas was sentenced to a total unstayed term of life in prison without the possibility of parole plus 25 years to life, plus life, plus 44 years 6 months. Allen was sentenced to a total unstayed term of life in prison without the possibility of parole, plus life plus 25 years to life, plus 44 years 6 months. Both now appeal, raising claims of instructional and sentencing error.[2] For the reasons that follow, Court will affirm.
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