People v. Thomas CA3

Filed 12/16/25 P. v. Thomas CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C102452

Plaintiff and Respondent, (Super. Ct. No. 16FE022095)

v.

REBECCA THOMAS,

Defendant and Appellant.

In 2019, a jury found defendant Rebecca Thomas guilty of multiple crimes related to abuse of a child, including second degree murder. Defendant appeals the trial court’s order denying her petition for resentencing under Penal Code section 1172.61 at the prima facie stage. Her appellate counsel filed a brief raising no arguable issues under People v. Delgadillo (2022) 14 Cal.5th 216 and asked that we exercise our discretion to review the

1 Undesignated statutory references are to the Penal Code.

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record for arguable issues on appeal. We notified defendant of her right to file supplemental briefing within 30 days, and she timely filed a brief raising numerous contentions, all of which relate to her underlying trial. We have independently reviewed the contentions in accordance with Delgadillo and conclude none are cognizable on this appeal from the denial of defendant’s petition for resentencing. We will affirm. FACTUAL AND PROCEDURAL BACKGROUND In 2017, defendant and a codefendant were charged with murder (§ 187, subd. (a)), having care and custody of a child and assaulting that child with force likely to cause great bodily injury resulting in the child’s death (§ 273ab), and permitting a child to suffer unjustifiable pain and mental suffering (§ 273a, subd. (a)). Defendant was charged with a second count of permitting a child to suffer unjustifiable pain and mental suffering. (§ 273a, subd. (a).) As to both section 273a counts, an enhancement for causing death was also alleged. (§ 12022.95.) In May 2019, a jury found defendant guilty of second degree murder, assault with force likely to cause great bodily injury as a lesser included offense (§ 245), and both section 273a counts. The jury found the section 12022.95 enhancement true as to one of the section 273a counts. In July 2019, the trial court sentenced defendant to prison for an aggregate term of 15 years to life plus six years consecutive. On appeal, this court ordered the trial court to issue a corrected abstract of judgment to reflect that certain fines and fees had not been imposed, and otherwise affirmed the judgment. (People v. Thomas (2021) 63 Cal.App.5th 612, 632.) In January 2024, defendant filed a resentencing petition pursuant to section 1172.6. The prosecution filed briefs opposing resentencing, arguing defendant was ineligible for relief as a matter of law because she was convicted in 2019, after Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill No. 1437) went into effect. Also, with respect to the murder charge, the jury had not been instructed on felony murder, the