People v. Cole CA1/5

Filed 4/11/22 P. v. Cole 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for pur- poses of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, v. A163248 EDDIE COLE, Defendant and Appellant. (San Francisco City and County Super. Ct. No. CT2107748, SCN 190013)

Eddie Cole appeals from the trial court’s order denying his petitions for writ of coram nobis. Cole’s appointed appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Our independent review of the record reveals no arguable issues, and we affirm.

BACKGROUND

In 2004, a jury convicted Cole of second degree murder (Pen. Code, § 187)1 and possession of a firearm by a felon (former § 12021, subd. (a)(1); see now § 29800, subd. (a)(1)). The jury also found true an enhancement allegation that Cole “personally and intentionally discharged a firearm,” which caused the victim’s death. (§ 12022.53, subd. (d).) He was sentenced to an aggregate

1 Undesignated statutory references are to the Penal Code. 1

prison term of 40 years to life. This Division affirmed the judgment of conviction on appeal. (People v. Cole (Apr. 21, 2006, A106946) [nonpub. opn.] (Cole).)

After Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Stats. 2018, ch. 1015) was enacted more than 10 years later, Cole filed a series of petitions for writ of habeas corpus that sought resentencing pursuant to section 1170.95. Counsel was appointed to represent him in connection with his first petition. The first few of these petitions were denied on the basis that Cole was ineligible for relief because he was the actual killer and was not convicted under a theory of imputed malice. Later petitions were denied on procedural grounds.