People v. Cooc CA3

I. BACKGROUND

A. Statement of Facts The facts of this crime are complex. In light of the current procedural stage and the Attorney General’s concession, however, we provide only an abbreviated version of the facts from our prior unpublished opinion. (People v. Ly et al. (Sept. 23, 2008, C052280) [nonpub. opn.] (Ly).) “On a December night just before Christmas, Matthew Seivert was lured to Tahoe Park in Sacramento by his ex-girlfriend, Nicole Carroll. As the couple talked on a park bench, a group of 12 youths in three separate cars waited stealthily to attack him. When Seivert got into his car and attempted to leave, the youths blocked his exit and one of them shot him to death. [¶] Carroll and four members of the group were charged with the murder. . . . [At trial,] the jury heard evidence of a conspiracy to ‘jump’ Seivert because he had made racial slurs about Asians.” (Ly, supra, C052280.) The evidence demonstrated defendant and the man who actually shot Seivert both got out of their respective cars with guns drawn during the altercation. (Ibid.) The jury found defendant guilty of first degree murder. (§ 187.) It also found defendant was a principal in the murder and one or…