People v. Cook CA3

Filed 6/23/25 P. v. Cook CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C099710

Plaintiff and Respondent, (Super. Ct. No. 95F09217)

v.

MATTHEW COOK et al.,

Defendants and Appellants.

Defendants Matthew Cook and Darrion Gains appeal from the trial court’s denial of their Penal Code section 1172.6 petitions. (Statutory section citations that follow are found in the Penal Code unless otherwise stated.) Defendants originally filed their petitions under former section 1170.95. Effective June 30, 2022, the Legislature renumbered former section 1170.95 to section 1172.6 without substantive changes. (Stats. 2022, ch. 58, § 10.) We will cite to the current section throughout this opinion.

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Defendants contend the trial court’s conclusion that they could still be liable for murder and attempted murder as direct aiders and abettors was precluded by the jury’s verdicts at trial. Gains also argues the court erred in considering inculpatory statements he made to a Department of Corrections (CDCR) psychologist in preparation for a parole suitability hearing. Finding no merit to these contentions, we affirm the trial court’s orders.

FACTS AND HISTORY OF THE PROCEEDINGS In 1998, the People charged Cook, Gains, and codefendants Anthony Lozo and Kenneth Bolds with conspiracy to commit murder (§ 182); the murder of J.F. (§ 187, subd. (a)); the deliberate and premeditated attempted murder of C.K. (§§ 187, subd. (a), 664); and burglary (§ 459). As to each offense Cook and Gains were charged with, the People alleged that a principal was armed in the commission of the offense (§ 12022, subd. (a)). The People also alleged that Cook and Gains had each served a prior prison term (§ 667.5, subd. (b)). At trial, the People introduced evidence that, several days prior to October 16, 1995, Cook, Gains, Lozo, C.K. and J.F. were involved in an incident at a grocery store in which J.F. or C.K. hit Cook with a gun and Lozo had money stolen from him. Following the incident, Cook, Gains, and Lozo discussed getting revenge. On October 16, 1995, Cook bought a gun and told his brother’s girlfriend that he planned to use it for revenge. That night, Cook, Gains, Lozo, Bolds, and Jose Gomez went to the victims’ apartment. Cook, Gains, and Lozo wore ski caps as masks; Lozo had the gun Cook purchased earlier that day. As they approached the victims’ door, Bolds and Gomez ran away after seeing someone with a gun inside. Lozo went into J.F.’s bedroom, said, “Die, mother fucka, die,” and shot J.F. in the chest and stomach, killing him. The three then went to C.K.’s bedroom where Lozo shot C.K., who survived.