People v. Thomas

[464]Opinion

BOLAND, J. INTRODUCTION

Appellant Donald Eugene Thomas challenges his murder, attempted murder, and assault with a deadly weapon convictions oh the grounds a 25-year delay in prosecution violated his right to due process, and the trial court erroneously admitted hearsay, permitted him to be impeached with an old felony conviction, used outdated jury instructions, and denied his motion to reduce the offense to second degree murder. '

We conclude appellant failed to establish a due process violation or ineffective assistance of counsel because he failed to show actual prejudice resulted from the long delay. The trial court erred by admitting one hearsay statement, but the error was harmless because its content .was the sarhe as other properly admitted evidence. The court also erred by admitting evidence of appellant’s 1977 grand theft conviction, but the error was harmless. Using CALJIC instructions, instead of the CALCRIM instructions (Judicial Council of Cal. Grim. Jury Instas. (2006)), was not error. Because there was substantial evidence of premeditation and deliberation, the court did not abuse its discretion by refusing to reduce appellant’s conviction to second degree murder.

BACKGROUND AND PROCEDURAL HISTORY

Appellant visited the Meredith household in Compton on the night of February 17, 1981. His briefcase disappeared and he accused Thomas Anderson, known as Tom-Tom, of taking it. Appellant shot Anderson in the head, killing him, and then chased Anderson’s brother, Ronald Bradford, through the house into a bedroom closet, where he also shot him in the head. Bradford survived the shooting, but lost the use of one eye. Appellant was arrested in Cleveland, Ohio in 2005.

A jury convicted appellant of first degree murder, attempted murder, and assault with a deadly weapon. The jury found appellant personally used a gun in the commission of each offense. Appellant was sentenced to prison for 27 years four months to life.

[465]