People v. Cooper CA1/5

Filed 5/5/21 P. v. Cooper CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, Plaintiff and Respondent, A160333 v. DA’SHAWN DENZEL COOPER, (Alameda County Super. Ct. No. 174871) Defendant and Appellant.

Da’Shawn Denzel Cooper challenges a $5,000 restitution fine (Pen. Code, § 1202.4, subd. (b)) imposed by the trial court at his resentencing hearing. Cooper contends the fine should be reduced to the statutory minimum because he lacks “the present or future ability to pay” the fine. We reject that argument but order the trial court to correct several clerical errors in the sentencing minute order and indeterminate abstract of judgment. As modified, we affirm the judgment.1

Undesignated statutory references are to the Penal Code. We 1

incorporate by reference our unpublished opinion in Cooper’s prior appeal, People v. Cooper (Mar. 28, 2018, A151872). We augment the record on our own motion to include the April 23, 2020 indeterminate abstract of judgment issued after resentencing.

1

BACKGROUND In 2013, Cooper “approached a parked car and opened fire on its four occupants with a semiautomatic pistol, killing one of them.” (People v. Cooper, supra, A151872.) A jury convicted Cooper of eight felonies, including second degree murder, and found true several firearm enhancement allegations. In 2016, the court sentenced Cooper to 78 years to life in state prison and, as relevant here, imposed a $10,000 restitution fine (§ 1202.4, subd. (b)). Cooper appealed. We conditionally reversed the judgment and remanded to the juvenile court to hold a transfer hearing “in accordance with Proposition 57.” (People v. Cooper, supra, A151872.) If the juvenile court determined Cooper should be transferred to adult court, the judgment would be reinstated and the court was ordered to hold a new sentencing hearing to “exercise its discretion under sections 12022.5, subdivision (c), and 12022.53, subdivision (h).” (Ibid.) The juvenile court held a transfer hearing and determined the matter should be adjudicated in adult court. At the March 13, 2020 resentencing hearing, defense counsel urged the court to waive the section 1202.4 restitution fine—or impose the $300 statutory minimum—because Cooper had not “finished school . . . and had no income outside of Social Security payments.” At the time of the resentencing hearing, Cooper was 23 years old and physically able. The court reduced the restitution fine from $10,000 to $5,000 (§ 1202.4, subd. (b)).2 Then the court exercised its discretion on the firearm