People v. Cooper CA4/3

Filed 11/14/24 P. v. Cooper CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G062953

v. (Super. Ct. No. FSB701151)

REGIS ANTHONY COOPER, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of San Bernardino County, Kyle S. Brodie, Judge. Affirmed. Richard Jay Moller, under appointment by the Court of Appeal, for Defendant and Appellant. No Appearance by Plaintiff and Respondent. * * *

Regis Anthony Cooper was convicted by a jury of second degree murder in 2009. The court sentenced Cooper to a term of 15 years to life. In November 2022, Cooper petitioned the court for resentencing pursuant to former Penal Code1 section 1170.95 (later renumbered § 1172.6). The prosecutor filed an opposition arguing that the court record “conclusively prove[d] that [Cooper] was not convicted of murder under felony murder, natural [and] probable consequences or any other theory that permits malice to be imputed to [him].” Cooper was represented by the public defender’s office in responding to the prosecutor’s opposition. In June 2023, the court denied Cooper’s petition, finding that he had failed to establish a prima facie case for relief. Cooper appeals from the trial court’s denial of his petition. We appointed counsel to represent Cooper. Counsel informed us in his declaration he conducted an analysis of potential appellate issues, and that the case was also reviewed by a staff attorney at Appellate Defenders, Inc. Counsel filed a brief pursuant to the procedures set forth in People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo) (and consistent with People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738). While not arguing against his client, counsel set forth the facts of the case and asked this court to conduct its own independent review of the appellate record, which we have done. Counsel also directed our attention to this possible issue: “Did the trial court err in denying the [section 1172.6] petition, finding that a prima facie case was not established, and not issuing an order to show cause?”