People v. Cobb CA3

BACKGROUND

In 1998, a jury found defendant guilty of first degree murder (§ 187, subd. (a)), burglary (§ 459), and attempted robbery (§§ 664, 211). The jury also found true allegations defendant personally used a firearm as to each count (§ 12022.5, subd. (a)) and special circumstance allegations defendant committed the murder during a burglary and attempted robbery (§ 190.2, subd. (a)(17)(G), (A)). We affirmed the judgment on appeal and described the evidence at trial. (People v. Avila et al. (May 2, 2002, C029883) [nonpub. opn.].) In short, defendant and two codefendants attempted to rob the victim at his apartment.3 The victim resisted and was shot and killed. In a later police interview, defendant admitted he shot the victim. (Ibid.) In 2022, defendant filed a petition for resentencing under section 1172.6. The parties filed briefs attaching the relevant jury instructions. The trial court instructed the jury on general principles of aiding and abetting using CALJIC Nos. 3.00 and 3.01. The trial court instructed the jury on first degree murder using: CALJIC No. 8.10 (Murder -- Defined); CALJIC No. 8.11 (Malice Aforethought -- Defined); CALJIC No. 8.20 (Deliberate and…