People v. Hunsucker CA1/4

Filed 9/30/20 P. v. Hunsucker CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or o4rdered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, A158938 v. SONIA LEXION HUNSUCKER, (Humboldt County Super. Ct. No. CR1102131) Defendant and Appellant.

Defendant Sonia Lexion Hunsucker pled guilty to second degree murder based on her participation in the burglary of a home in which one of her confederates killed one of the home’s occupants. After the Legislature changed the law relating to this kind of liability for murder in Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill No. 1437), Hunsucker petitioned for resentencing under one of the provisions of that bill, Penal Code section 1170.95.1 The trial court denied her petition because it found Senate Bill No. 1437 unconstitutional. Hunsucker contends this was error, and the Attorney General has filed an amicus brief supporting her. The District Attorney, on behalf of the People, supports the trial court’s ruling, but with a different rationale.

1 All undesignated statutory citations are to the Penal Code.

1

The constitutionality of Senate Bill No. 1437 has been litigated extensively. Every court to have considered the District Attorney’s arguments—at this point, 14 published opinions and scores of unpublished decisions—has rejected them and upheld Senate Bill No. 1437.2 After carefully considering the issues, we agree with these precedents. Accordingly, we will reverse the trial court’s judgment and remand for further proceedings. BACKGROUND3 In May 2011, Hunsucker and several others burglarized a home. During the course of the burglary, one of Hunsucker’s confederates killed one of the occupants of the home, Darrell Hanger. Hunsucker was charged with murder, burglary, and related charges and special allegations. Hunsucker pled guilty to second degree murder in July 2012 and was sentenced to a

2 People v. Lombardo (Sept. 11, 2020, C090041) __ Cal.App.5th __, 2020 Cal.App. Lexis 862; People v. Lippert (2020) 53 Cal.App.5th 304, petition for review filed Sept. 17, 2020, S264495; People v. Nash (2020) 52 Cal.App.5th 1041, petition for review filed Sept. 10, 2020, S264379 (Nash); People v. Superior Court (Ferraro) (2020) 51 Cal.App.5th 896; People v. Lopez (2020) 51 Cal.App.5th 589; People v. Alaybue (2020) 51 Cal.App.5th 207 (Alaybue); People v. Johns (2020) 50 Cal.App.5th 46; People v. Prado (2020) 49 Cal.App.5th 480; People v. Smith (2020) 49 Cal.App.5th 85, 91, review granted on other grounds, July 22, 2020, S262835; People v. Bucio (2020) 48 Cal.App.5th 300; People v. Solis (2020) 46 Cal.App.5th 762; People v. Cruz (2020) 46 Cal.App.5th 740; People v. Lamoureux (2019) 42 Cal.App.5th 241; People v. Superior Court (Gooden) (2019) 42 Cal.App.5th 270 (Gooden); but see Lippert, at pp. 314–326 (dis. opn. of Ramirez, P.J.); Nash, at pp. 1084– 1087 (conc. & dis. opn. of Poochigian, Acting P.J.); Lamoureux, at pp. 268–269 (dis. opn. of O’Rourke, J.); Gooden, at p. 289 (dis. opn. of O’Rourke, J.). 3 We recite only those facts necessary to resolve the procedural issue raised in this appeal. A more extensive description of the factual background of this case can be found in our prior decision in an appeal by one of Hunsucker’s co-defendants, People v. Surber (Jan. 23, 2017, A139754) [nonpub. opn.].