People v. Cook CA2/6

FACTS AND PROCEDURAL HISTORY

In 1992, a jury convicted Cook of robbery (four counts), attempted robbery (three counts), assault (two counts), false imprisonment, and willful, deliberate, and premeditated attempted murder. (§§ 211, 664, 245, subds. (a)(2) & (d)(1), 236, 187, 664.) The jury also found that Cook personally used a firearm during commission of the crimes. (§ 12022.5, subds. (a) & (d).) The trial court sentenced Cook to a prison term of 16 years six months to life imprisonment. (§ 664, subd. (a).) Cook appealed and contended, among other arguments, that insufficient evidence supported his conviction of willful,

2 premeditated and deliberate attempted murder. (People v. Cook et al. (May 10, 1994, B069296) [nonpub. opn.].) We rejected that contention, and affirmed the judgment. (Ibid.) Resentencing Petition On February 23, 2022, Cook filed a section 1172.6 petition for resentencing, having checked each box on the form petition. Cook also declared that his conviction for attempted murder rested upon a now-invalid theory of imputed malice. The trial court found that Cook made a prima facie showing for relief, issued an order to show cause, and subsequently held an…