People v. Cooper CA1/2

BACKGROUND

Convictions and Original Sentencing In 2002, a jury found defendant guilty of first degree murder (§ 187, subd. (a); count 1) and being a felon in possession of a firearm (former §

2 12021, subd. (a)(1); count 2). The jury also found true that defendant personally discharged a firearm causing great bodily injury or death (§ 12022.53, subd. (d)). The trial court (Hon. Christopher G. Wilson) found true that defendant had served two prison priors (former § 667.5, subd. (b)) and had previously been convicted of two serious or violent felonies that qualified as strikes within the meaning of the three strikes law. (§§ 667, subds. (d), (e), 1170.12.) On March 12, 2003, Judge Wilson sentenced defendant to a total term of 127 years to life in state prison, consisting of: 75 years to life for count 1 (25 years to life, tripled due to defendant’s two prior strikes); 25 years to life for count 2 (as a third strike); 25 years to life for the firearm enhancement; and two one-year terms for each of the prison priors. The court also ordered defendant to pay a $10,000 restitution fine under section 1202.4. On May 13, 2005, this court affirmed the judgment of conviction. (People v.…