People v. Cooper CA4/1

Filed 5/13/22 P. v. Cooper CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D079588

Plaintiff and Respondent,

v. (Super. Ct. No. RIF135518)

MEIKEL JEROME COOPER,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Riverside County, John D. Molloy, Judge. Affirmed. David P. Lampkin, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. In 2008, a jury convicted Meikel Jerome Cooper of second degree

murder (Pen. Code,1 § 187, subd. (a)) and attempted voluntary manslaughter (§§ 664 & 187). The jury also found Cooper personally discharged a firearm causing death or great bodily injury as to the murder count (§ 12022.53,

1 All further statutory references are to the Penal Code.

subd. (c)) and a similar enhancement under section 12022.53, subdivision (a) as to the attempted manslaughter count. Cooper was sentenced to an indeterminate term of 42 years in prison. Cooper appealed and this court affirmed his convictions in an unpublished opinion, People v. Cooper, D058080 (Mar. 8, 2011). In 2019, Cooper filed a petition for resentencing under section 1170.95. The court appointed counsel, and held a hearing at which the following comments were made: “[PROSECUTOR]: Your Honor, this is another case where I’ve shared my notes with counsel. I’ve reviewed the record. Not only did sentencing occur in this case after January 1st, 2019, when SB-1437 went into effect, but there are no instructions on natural and probable consequences or felony murder.