People v. Cook CA5

Filed 9/7/16 P. v. Cook CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F070622 Plaintiff and Respondent, (Super. Ct. No. BF155259A) v.

TRAVON COOK, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Colette M. Humphrey, Judge. Joshua G. Wilson, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

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* Before Kane, Acting P.J., Peña, J. and Smith, J.

Appellant Travon Cook pled no contest to second degree burglary (Pen. Code, §§ 459/460, subd. (b))1 and admitted allegations that he had a prior conviction within the meaning of the Three Strikes law (§ 667, subds. (b)-(i)). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm. FACTUAL AND PROCEDURAL HISTORY Refaat Tayan was the owner of the AA Liquors in Bakersfield, California. Tayan had ongoing problems with Cook and had threatened to have him arrested for trespassing if he returned to the store. On June 2, 2014, Cook entered the store and he and Tayan began to argue. Cook attempted to make a purchase and pay for it. However, after Tayan pushed the money back, Cook slapped him on the face. Tayan reacted by throwing a cordless phone at Cook. Cook got angrier and began walking along the counter to an opening where he entered the area behind the counter. Tayan retrieved a phone and was about to call 911 when Cook approached him behind the counter yelling at him. Tayan feared for his safety because of his prior contacts with Cook and retrieved a gun from under the counter. Cook began yelling at Tayan to shoot him as Tayan held the gun in his right hand and held Cook back with his left hand. Tayan pushed Cook back and fired a shot into the floor. A customer then escorted Cook out of the store. However, Cook came back inside and continued yelling at Tayan. He also knocked down a microwave oven and some food item displays. Tayan fired a second bullet that also did not strike Cook. Cook then yelled that he was going to kill Tayan and ran from the store. Bakersfield Police Officer Brandon Doyle detained Cook across the street from Tayan’s store. During a search of Cook, Officer Doyle found a clear plastic baggie that contained marijuana and a rubber circular container that contained concentrated cannabis in the form of a sap-like substance.