People v. Cooper
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In 1994, Cooper raped Whitten, then pregnant, while Mitchell, kicked her in the face. Mitchell repeatedly jumped onto Whitten’s head. Both men threw a cinder block on her head. Cooper cut Whitten’s throat, possibly after she was dead. Cooper was charged with two counts of murder. Cooper pleaded no contest to one count of second-degree murder. At the plea hearing, Cooper’s attorney stated, “The district attorney indicated that he would write in his letter to the Board of Prison Terms that the evidence supports the theory that the defendant is not a direct actor here but an aider and abettor.” The prosecutor agreed. Cooper was sentenced to 15 years to life in prison
Years later, Senate Bill 1437 altered liability for murder under the theories of felony murder and natural and probable consequences. Under Penal Code section 1170.95, eligible defendants may petition for resentencing. Cooper sought relief, alleging he pleaded no contest to murder because he believed he could have been convicted under the felony murder rule or the natural and probable consequences doctrine. The trial court denied the petition without appointing counsel.
The court of appeal reversed. In 2020, the California Supreme Court granted review, in Lewis, to decide when the right to counsel arises under section 1170.95(c) Pending the Lewis decision, the court concluded that the right to counsel attaches upon the filing of a facially sufficient petition. Even if an error in not appointing counsel may be harmless in some situations, such as when the petitioner is not entitled to relief as a matter of law, the error was prejudicial here.
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