People v. Cooper CA2/2

Filed 8/18/20 P. v. Cooper CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B300934

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. GA066001)

TRAVIS COOPER,

Defendant and Appellant.

THE COURT:

In 2006, Draper Manning died after being wounded during a drive-by shooting. (People v. Cooper (June 21, 2010, B213116) [nonpub. opn.], at p. 3, as modified (July 20, 2010) (Cooper I).) Evidence of defendant and appellant Travis Cooper’s involvement in the planning and aftermath of the shooting was adduced at his trial in 2008. (Id. at pp. 3–11, 14–15.)

A jury found defendant guilty of first degree murder (Pen. Code, § 187, subd. (a)),1 possession of a firearm by a felon (§ 12021, subd. (a)(1)), and conspiracy to commit murder (§§ 182, subd. (a)(1), 187, subd. (a)). The jury also found that a principal intentionally discharged a firearm, proximately causing death (§ 12022.53, subds. (d) & (e)(1)) and that defendant committed the offenses for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). The trial court found that defendant had one prior serious felony conviction within the meaning of the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and that he served a prior prison term (§ 667.5, subd. (b)). Defendant was sentenced to an aggregate prison term of 75 years to life. (Cooper I, supra, B213116, at p. 2.) In defendant’s first appeal, we reversed his conviction for possession of a firearm by a felon, due to insufficient evidence, and stayed, pursuant to section 654, his sentence for conspiracy to commit murder. We otherwise affirmed the judgment. (Cooper I, supra, B213116, at pp. 15–16, 22, 27.) On June 28, 2019, defendant filed a petition for writ of habeas corpus seeking resentencing pursuant to section 1170.95, as added by Senate Bill No. 1437 (2018 Reg. Sess.) (SB 1437), and for the trial court to strike the firearm and gang enhancements, in part based on Senate Bill No. 620 (2017-2018 Reg. Sess.) (SB 620). As an exhibit to the habeas petition, defendant attached a completed petition for resentencing pursuant to section 1170.95.