Filed 12/20/22 P. v. Cooper CA4/1

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COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE,

Plaintiff and Respondent,

v.

MEIKEL JEROME COOPER,

Defendant and Appellant.

 D080896

 (Super. Ct. No. RIF135518)

APPEAL from an order of the Superior Court of Riverside County, 

William S. Lebov, Judge. (Retired Judge of the Yolo Sup. Ct. assigned by the 

Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed. 

David P. Lampkin, under appointment by the Court of Appeal, for 

Defendant and Appellant.

No appearance for Plaintiff and Respondent. 

In 2008, a jury found Meikel Jerome Cooper guilty of second degree 

murder (Pen. Code,1 § 187, subd. (a)), attempted voluntary manslaughter 

(§§ 664 & 192), and shooting into an inhabited building (§ 246). The jury 

1 All further statutory references are to the Penal Code.
2

found true firearm allegations under sections 12022.53, subdivision (c) and 

12022.5, subdivision (a). The court sentenced Cooper to an indeterminate 

term of 42 years to life. 

Cooper appealed and this court affirmed the convictions in an 

unpublished opinion. (People v. Cooper et al. (Mar. 8, 2011, D058080).)

In 2019, Cooper filed his first petition for resentencing under former

section 1170.95 (renumbered 1172.6). The trial court denied the petition 

finding that Cooper, the actual shooter, was not eligible for relief. This court 

affirmed the denial of Cooper’s petition in an unpublished opinion. (People v.

Cooper (May 13, 2022, D079588).)

Undaunted, Cooper filed a second petition for resentencing under 

section 1172.6. The court again, appointed counsel, reviewed the record and 

held a hearing. Once again, the court denied the petition. At the hearing the 

following discussion took place: 

“[THE PROSECUTOR]: Based upon the materials that I 

provided [defense counsel]–the jury instructions were in 

imaging–nothing on natural and probable consequences or 

felony murder were given to the defendant’s jury. He was 

the actual shooter. So at this point in time, we’d ask that 

the petition be denied. 

“THE COURT: [Defense counsel]? 

“[DEFENSE COUNSEL]: Your honor, I have confirmed

everything that [the prosecutor] just referred to, and I’ll 

submit. 

“THE COURT: Thank you. Petition is denied.” 

Once again, Cooper filed a notice of appeal challenging the denial of his 

resentencing petition. 

Appellate counsel has filed a brief pursuant to People v. Wende (1979) 

25 Cal.3d 436 (Wende) indicating counsel has not been able to identify any 
3

arguable issues for reversal on appeal. Counsel asks the court to review the 

record for error as mandated by Wende. We offered Cooper the opportunity to 

file his own brief on appeal, but he has not responded.

We will not include a statement of facts in this opinion since we 

discussed the facts of the offenses in the original appeal. 

DISCUSSION

As we have noted, appellate counsel has filed a Wende brief and asks 

the court to review the record for error. To assist the court in its review, and 

in compliance with Anders v. California (1967) 386 U.S. 738 (Anders), counsel 

has identified a possible issue which was considered in evaluating the 

potential merits of this appeal: Whether the court erred in relying on the oral 

representations of counsel to deny Cooper’s petition.

We have reviewed the record for error as required by Wende and 

Anders. We have not discovered any arguable issues for reversal on appeal. 

Competent counsel has represented Cooper on this appeal.

DISPOSITION

The order denying Cooper’s second petition for resentencing under 

section 1172.6 is affirmed.

HUFFMAN, Acting P. J.

WE CONCUR:

IRION, J.

DO, J.