P. v. Cooks CA2/1
Defendant Willie James Cooks appeals from the trial court’s denial of his petition for resentencing under Penal Code section 1170.95. In his original trial, defendant was convicted of murder and attempted murder, after the jury had been instructed on theories of both malice aforethought and the natural and probable consequences doctrine. The jury further found defendant in committing the murder intentionally inflicted death by discharging a firearm from a motor vehicle, and in committing the attempted murder intentionally inflicted great bodily injury by discharging a firearm from a motor vehicle. In denying defendant’s section 1170.95 petition, the trial court concluded the true findings on the firearm allegations established defendant was the actual killer and ineligible for resentencing.
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