People v. Cook CA1/2

Filed 4/30/14 P. v. Cook CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, A140510 v. EVANS R. COOK, (Humboldt County Super. Ct. No. CR1300946) Defendant and Appellant.

I. INTRODUCTION In August 2013, appellant entered a plea of guilty to attempted second degree murder and admitted two charged special allegations as part of an agreement intended to secure—and which did secure—a state prison term of 20 years. Pursuant to People v. Wende (1979) 25 Cal.3d 436, he appeals from the sentence imposed or other matters occurring after the plea which do not affect the validity of the plea. We find no issues deserving of further briefing regarding either the sentence imposed or any other matters occurring after the entry of appellant’s guilty plea and hence affirm the judgment, including the sentence imposed. II. FACTUAL AND PROCEDURAL BACKGROUND Starting in 2007, appellant and his sister, Teresa, lived in adjacent properties in Petrolia, Humboldt County. Living with the sister was the victim in this case, Charles Hower. There was, and apparently had been for some time, tension between appellant and Hower because, in 2008, Hower’s son had died in “an alcohol related automobile collision after he left” appellant’s residence. Additionally, appellant’s sister and Hower

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were, at the time of the offense to be described, apparently attempting to evict appellant from his residence. In the early afternoon of February 23, 2013,1 Hower went out of his residential area to feed his horses, and then drove away from the barn housing them. As he did so, appellant appeared on the roadway near Hower’s residence and began shooting at Hower with a 30/30 caliber rifle from approximately 50 feet away. Appellant admitted to firing three shots at Hower, one of which resulted in a wound to Hower’s chest and another resulted in severing the little finger of his left hand. Other evidence, however, suggested he fired five rifle shots at Hower. Appellant told one of the investigators that “he had wanted the victim dead.” (Id., 176.) On March 21, an information was filed charging appellant with attempted murder in the first degree, along with a special allegation of intentional discharge of a firearm causing great bodily injury. (Pen. Code, §§ 187, subd. (a); 664; 12022.53, subd. (d).) On August 7, appellant entered a conditional plea of guilty to attempted second degree murder and admitted the amended special allegation charged under Penal Code section 12022.53, subdivision (b), plus another special allegation under Penal Code section 12022.7, subdivision (a) (causing great bodily injury). This conditional plea was entered for a “stipulated term of 20 years in state prison,” calculated as a midterm of seven years for attempted murder, three years for the bodily injury enhancements and 10 years for the firearm use enhancement. On September 27, victim Hower wrote a letter to the trial court urging that appellant “should have to pay for this for the rest of his life,” i.e., the time he, Hower, would be suffering from the injuries he incurred in the shooting. In response, a statement in mitigation was filed on behalf of appellant urging the court to accept the stipulated term of imprisonment rather than extending that term as Hower had urged. On October 30, the trial court sentenced appellant to the stipulated 20 years in state prison. He received a total of 287 days of conduct and custody credits.