In re Thomas CA2/5
Petitioner Oliver Thomas, Jr. III was convicted of special circumstance felony murder as an aider and abettor, and sentenced to life without the possibility of parole (LWOP). We affirmed the judgment of conviction in a nonpublished opinion, People v. Thomas (Sept. 28, 1995, B083574) [nonpub. opn.]. Thereafter, People v. Banks (2015) 61 Cal.4th 788 (Banks) held that an LWOP sentence based on liability as an aider and abettor of a felony murder is constitutionally permissible only if the aider and abettor was a “major participant” in the crime and acted with “reckless indifference to human life,” as set forth in the special circumstance statute, Penal Code section 190.2, subdivision (d). Petitioner filed a petition for writ of habeas corpus in this court, relying on Banks, seeking relief from the special circumstance finding that supports his LWOP sentence. We conclude there is insufficient evidence to support the special circumstance finding. The petition is granted.
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