The California Supreme Court affirmed a judgment of conviction and penalty. The court held that the empanelment of separate juries for two defendants did not undermine the conclusion that severance of one defendant’s multiple murder charges was not required.

Correll Thomas and Kazi Cooksey were both charged with the murder of Ricky McDonald. Thomas was additionally charged with the murder of Creed Grote and the attempted murder of a third victim. As to the Grote murder, the prosecution alleged the special circumstances of lying in wait, discharging a firearm from a vehicle with intent to inflict death, and multiple murder.