Cook
Cook v. Foss
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TIMONTE E. COOK, Case No. 20-cv-01119-HSG
Petitioner, ORDER DENYING PETITION FOR
WRIT OF HABEAS CORPUS
v. Re: Dkt. No. 1 TAMMY FOSS, Respondent.
Before the Court is the petition for a writ of habeas corpus of Petitioner Timonte Cook, brought pursuant to 28 U.S.C. § 2254, challenging the validity of his state court conviction. Dkt. No. 1 (“Pet.”). Respondent has filed an answer to the petition, Dkt. No. 22, and Petitioner has filed a traverse, Dkt. No. 29. For the reasons set forth below, the petition is DENIED. I. PROCEDURAL HISTORY Petitioner was charged in a three-count information with the murder of Rueben Cannon, Jr. (Cal. Penal Code § 187)1 (count one); shooting at an occupied motor vehicle (CPC § 246) (count two); and the murder of Nicholas Martin (count three). All counts further alleged that petitioner used a firearm causing death in the commission of the offenses, § 12022.53(d). Ans., Ex. 1 …