People v. Thomas CA5

Filed 11/2/23 P. v. Thomas CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F085470 Plaintiff and Respondent, (Super. Ct. No. SC072219A) v.

LEONARD BRYCE THOMAS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Elizabet Rodriguez, Judge. William W. Lee, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Detjen, J. and Smith, J.

INTRODUCTION Petitioner Leonard Bryce Thomas petitioned the superior court, pursuant to former section 1170.95 (now § 1172.6) of the Penal Code,1 for resentencing on his conviction for second degree murder. The superior court denied the petition at the prima facie stage without an evidentiary hearing. Petitioner appeals from the superior court’s denial of his petition for resentencing. Appellate counsel filed a brief which summarized the facts and procedural history with citations to the record, raised no issues, and asked this court to independently review the record pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Petitioner submitted his own letter brief and requested this court address certain issues. We will address petitioner’s issues and affirm. PROCEDURAL HISTORY In 1998, petitioner was convicted of second degree murder. For this offense, he was sentenced to a term of 15 years to life. This court affirmed. (People v. Thomas (Feb. 9, 2022, F081270) [nonpub. opn.]; People v. Thomas (May 25, 2001, F031792) [nonpub. opn.].) On January 25, 2019, petitioner, in propria persona, filed a petition for resentencing pursuant to section 1172.6. The superior court denied the petition at the prima facie stage on the ground petitioner was the actual killer. We determined there was no possibility petitioner was convicted of felony murder or under a natural and probable consequences theory. We therefore affirmed. (People v. Thomas, supra, F081270.) On December 12, 2022, petitioner filed another petition for resentencing pursuant to section 1172.6. The matter was heard on December 20, 2022. The court initially stated it would appoint the public defender’s office to represent petitioner. The People