People v. Cooper CA5

INTRODUCTION

In 2004, defendant Coyetta Lynn Cooper pleaded no contest to second degree murder (§ 187, count 1). After the passage of Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill 1437), defendant filed a Penal Code former section 1170.95 (now § 1172.6) petition for resentencing. (Undesignated statutory references are to the Penal Code.) The court denied the petition without issuing an order to show cause. Defendant previously challenged the denial of her petition and we reversed the court’s order and remanded for further proceedings. Thereafter, the court issued an order to show cause and held an evidentiary hearing after which it again denied defendant’s petition, concluding she was the actual killer. Defendant now appeals from the order denying her petition after the evidentiary hearing. She argues insufficient evidence supports the trial court’s finding she was the actual killer. We affirm the court’s order denying defendant’s petition.

FACTUAL AND PROCEDURAL BACKGROUND

Charge and Plea In September 2003, a complaint was filed against defendant alleging she committed first degree murder (§ 187, count 1) on or about August 4, 2003; assault of a child under the age…