Cook
People v. Cook
Opinion
Opinion
Vartabedian, J.
— Defendant Edward L. Cook appeals his conviction for first degree murder. He contends the trial court erroneously excluded evidence proffered to suggest that another person committed the crime. He also argues the court erroneously admitted the testimony of a person who accompanied defendant at the time of the killing, an error compounded by the court’s failure to instruct the jury on third party culpability evidence. Defendant further asserts error in the court’s failure to instruct on aiding and abetting, a claim we discuss in the published portion of this opinion. Additionally, he faults the court for not giving a pinpoint instruction and claims trial counsel inadequately represented him in not requesting certain instructions. Finally, he says the court did not apply the correct standard when it rejected his request to be sentenced to a term permitting the possibility of parole. All of these contentions fail. We affirm the judgment.
Facts and Procedural History
In the evening of August 21, 1994, defendant, then 16 years old, asked his friend Adolph if he was “down for a 187.” Adolph apparently thought a “187” was a robbery. The boys went out to the railroad tracks…