People v. Cook CA2/6

Filed 4/16/25 P. v. Cook CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B328578 (Super. Ct. No. F000183482) Plaintiff and Respondent, (San Luis Obispo County)

v.

TIMOTHY SHAWN COOK,

Defendant and Appellant.

Timothy Shawn Cook appeals the trial court’s order denying his petition for resentencing pursuant to Penal Code1 section 1172.6 (former § 1170.95) concerning his 1992 willful, deliberate, and premeditated attempted murder conviction. Following an evidentiary hearing, the trial court found beyond a reasonable doubt that there was substantial evidence to support a finding of attempted murder pursuant to recent amendments to sections 188 and 189. Cook now contends that the evidence is insufficient to support that finding. We affirm. (People v. Reyes

1 All further statutory references are to the Penal Code.

(2023) 14 Cal.5th 981, 988 [substantial evidence review applies to section 1172.6 resentencing order].) This appeal concerns crimes committed by Cook, Erik Lino, and Martin Barajas in San Luis Obispo, during and following their robbery of approximately $15,000 from La Cumbre Savings Bank on January 24, 1992. Cook and Lino each held firearms and entered the bank wearing face coverings. Barajas waited outside in the getaway vehicle. As Cook and Lino left the bank with stolen cash, they encountered San Luis Obispo Police Officer Victor Nunez. The men exchanged gunshots and Lino was wounded. Cook and Lino then forced a motorist from his vehicle and drove to Montana de Oro State Park. Police officers found and arrested them the following day. Officers also found the bank cash as well as a loaded .44 magnum revolver with a modified trigger pull that may have recently misfired. Earlier, officers arrested Barajas and found a stocking cap, a bloodstained passenger seat, and a recently fired .38 caliber firearm in the getaway vehicle. FACTS AND PROCEDURAL HISTORY In 1992, a jury convicted Cook of robbery (four counts), attempted robbery (three counts), assault (two counts), false imprisonment, and willful, deliberate, and premeditated attempted murder. (§§ 211, 664, 245, subds. (a)(2) & (d)(1), 236, 187, 664.) The jury also found that Cook personally used a firearm during commission of the crimes. (§ 12022.5, subds. (a) & (d).) The trial court sentenced Cook to a prison term of 16 years six months to life imprisonment. (§ 664, subd. (a).) Cook appealed and contended, among other arguments, that insufficient evidence supported his conviction of willful,