People v. Thomas CA1/3

── People v. Thomas CA1/3 ── Court: California Court of Appeal Date: April 16, 2026 Category: General Filed 4/16/26 P. v. Thomas CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIRST APPELLATE DISTRICT DIVISION THREE THE PEOPLE, Plaintiff and Respondent, A169330 v. (Contra Costa County JASON THOMAS, Super. Ct. No. 02-22- 00307) Defendant and Appellant. THE PEOPLE, Plaintiff and Respondent, A169578 v. JAMAR JAMERSON, (Contra Costa County Defendant and Appellant. Super. Ct. No. 02-22- 00306) After a joint trial, a jury convicted Jason Thomas and Jamar Jamerson of multiple felonies — including kidnapping to commit robbery — and found true related firearm enhancements. (Pen. Code, §§ 209, subd. (b)(1), 12022.53, subd. (b), 12022.5, undesignated statutory references are to this code.) We consolidated the appeals. We affirm the judgment as to Jamerson. As for Thomas, we affirm as to counts 1 and 4 but — pursuant to the agreement of the parties — remand counts 2 and 3 to the trial court for resentencing. 1  BACKGROUND In January 2023, the prosecution charged Thomas and Jamerson with kidnapping to commit robbery (count 1), first degree robbery in concert (count 2), and first degree burglary with a person present (count 3). (§§ 209, subd. (b)(1), 211, 213, subd. (a)(1)(A), 459, 462, subd. (a), 667.5, subd. (c).) It also alleged that they personally used firearms and that the offenses were serious and violent. (§§ 12022.53, subd. (b), 12022.5, subd. (a), 1192.7, subd. (c)(8), 667.5, subd. (c)(8).) Additionally, it charged Thomas with possession of a firearm by a felon (count 4) and alleged that he had two prior serious and violent felony convictions and was thus eligible for third strike sentencing. (§§ 29800, subd. (a)(1), 667, subds. (a)(1), (d) & (e), 1170.12, subds. (b) & (c).) Finally, it alleged various aggravating factors as to Thomas and the offenses. In May 2022, S.H. parked his car in the parking lot of his apartment complex. He parked in front of a locked security gate that blocked a breezeway of the complex. The gate locks automatically when closed. Within a minute, a car double parked across the street. Jamerson and J.K. got out of the backseat dressed in black and walked towards the apartment building. Thomas got out of the driver’s seat and followed. Jamerson and J.K. approached S.H.’s car, but they quickly retreated and hid behind another car with Thomas. Thomas watched S.H.’s car and the security gate. They waited about 20 seconds before Jamerson and J.K. ran towards S.H.’s car with their guns pointing towards it. Thomas followed. Police officers arrived within 10 minutes. In the parking lot, they saw S.H.’s car with the passenger door open and cupcakes on the seat. When they approached the locked gate, J.K. and Jamerson — one of whom was armed with a gun — walked out of an apartment just inside the gate. Officers drew 2 their guns, J.K. and Jamerson ran, and the officers gave chase. After approximately o