People v. Hunter CA2/8

California Court of Appeal Oct 14, 2020 No. B303723Unpublished

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Holding. The court held that Penal Code section 1170.95 relief is limited exclusively to defendants convicted of first or second degree murder, and therefore a defendant convicted of voluntary manslaughter is ineligible for resentencing.

Issues

Whether a defendant convicted of voluntary manslaughter is eligible for resentencing relief under Penal Code section 1170.95.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“We agree with the trial court that only defendants convicted of murder are eligible for relief under the plain language of the statute.”

“To be eligible to file a petition under section 1170.95, a defendant must have a first or second degree murder conviction. The plain language of the statute is explicit; its scope is limited to murder convictions.”

Filed 10/14/20 P. v. Hunter CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 ordered 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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B303723

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA295125-03) v.

EDDIE LAVELL HUNTER,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Lisa B. Lench, Judge. Affirmed.

Jonathan E. Demson, under appointment by the Court of Appeal, for Defendant and Appellant.

Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Idan Ivri and Gary A. Lieberman, Deputy Attorneys General, for Defendant and Respondent.

_________________________

On September 30, 2018, the Governor signed Senate Bill No. 1437, which, effective January 2019, amended Penal Code1 sections 188 and 189 (stats. 2018, ch. 1015, §§ 2, 3), significantly modifying the law relating to accomplice liability for murder. Also enacted was section 1170.95, subdivision (a) which provides in relevant part, “A person convicted of felony murder or murder under a natural and probable consequences theory may file a petition with the court that sentenced the petitioner to have the petitioner’s murder conviction vacated and to be resentenced on any remaining counts when all of the following conditions apply: [¶] . . . [¶] (2) The petitioner was convicted of first degree or second degree murder following a trial or accepted a plea offer in lieu of a trial at which the petitioner could be convicted for first degree or second degree murder.” (Stats. 2018, ch. 1015, § 4.) In 2006, Eddie Lavell Hunter, Jr., was charged with first degree murder, two counts of attempted murder and possession of a firearm by a minor. In 2009, he entered a plea of no contest to one count of voluntary manslaughter and one count of attempted murder. He also admitted allegations that the crimes were committed for the benefit of a gang and that a principal was armed with a firearm. He is currently serving a sentence of imprisonment of 24 years, four months.

People v. Hunter CA2/8

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B303723

EDDIE LAVELL HUNTER,

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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

STRATTON, J.

BIGELOW, P. J.

GRIMES, J.

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