P. v. Kook CA2/7
Frederick Wayne Kook petitioned for recall of sentence under Proposition 36, the Three Strikes Reform Act of 2012 (Pen. Code, § 1170.126). The superior court denied the petition, finding Kook was ineligible for relief because he had a prior conviction for a sexually violent offense. On appeal Kook, whose disqualifying prior conviction was for committing a lewd or lascivious act on a child (§ 288, subd. (c)(1)), contends the court erred by reviewing the trial transcript to make its finding the offense involved the use of duress and in applying a preponderance of the evidence, rather than beyond a reasonable doubt, standard of proof. Kook also contends the evidence did not support the court’s finding.
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