People v. Thompson CA4/3

Filed 7/26/22 P. v. Thompson CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G060421

v. (Super. Ct. No. C-33433)

MICHAEL THOMPSON, OPI NION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Lance Jensen, Judge. Affirmed in part, reversed in part and remanded with directions. Rebecca P. Jones, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Steve Oetting, Acting Assistant Attorney General, Arlene A. Sevidal, Lynne McGinnis and Elizabeth M. Kuchar, Deputy Attorneys General, for Plaintiff and Respondent.

In 1975, appellant Michael Thompson was sentenced to life in prison for two first degree murders. He contends the trial court erroneously denied his recent petition for resentencing for failure to state a prima facie case under Penal Code 1 1170.95. As respondent concedes, appellant is right with respect to one of the murders, which was carried out by a codefendant. However, as to the other murder, the record of conviction shows Thompson personally acted with malice aforethought so as to render him ineligible for resentencing as a matter of law. Therefore, we reverse the trial court’s order and remand for further proceedings as to one of the murder counts and affirm its order as to the other. FACTUAL AND PROCEDURAL BACKGROUND At the behest of a man who agreed to pay them $5,000, Thompson and his codefendants John Solis and Robert Sesma agreed to murder Vaudra “Butch” Nunley. As part of their murder plan, defendants lured Nunley to Solis’ house late one evening. Nunley arrived at the house with a companion named Rue Steele. When they entered Solis’ home, Sesma beat Steele to death, and Thompson severely beat Nunley. Defendants then loaded the victims into the trunk of a car and took them to Thompson’s house for burial. However, upon arrival, they discovered Nunley was not dead, so Sesma finished him off with a gunshot to the head. After that, defendants buried the victims in Thompson’s backyard and collected their bounty. Following a joint jury trial, Thompson was convicted of two counts of first degree murder, conspiracy to commit first degree murder, kidnapping and aggravated assault. Sesma was convicted of first and second degree murder, conspiracy to commit second degree murder and kidnapping. And Solis was convicted of two counts of second degree murder and kidnapping. Their convictions were affirmed on appeal in People v.