People v. Hunter CA4/3

Filed 4/27/22 P. v. Hunter CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or 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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G060174

v. (Super. Ct. No. 95WF2035)

TREMAINE HUNTER, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Terri K. Flynn-Peister, Judge. Reversed. Joshua L. Siegel, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Steve Oetting and Paige B. Hazard, Deputy Attorneys General, for Plaintiff and Respondent.

Tremaine Hunter appeals from the trial court’s postjudgment order denying his Penal Code section 1170.951 petition. Hunter argues the court erred by denying his section 1170.95 petition without issuing an order to show cause and conducting an evidentiary hearing. We agree and reverse the postjudgment order. FACTS We adopt the facts from this court’s prior nonpublished opinion People v. Hunter (Mar. 30, 2000, G023774). “Scott Rezac was driving home around 9:20 at night when he saw someone approach a car and fire two or three fatal gunshots at the driver, Armando Carranza. Carranza’s car was a brown 1981 Buick. Rezac could not identify the shooter, but described him as a Black or Hispanic man wearing black pants and sneakers. Carranza’s Buick had been stopped at an intersection, and a black Pontiac was stopped behind it. Rezac described the cars as ‘similar [in] body style.’ Rezac saw the shooter come from the driver’s side of the Pontiac’s front fender area, crouch down, go to Carranza’s window, and fire the shots. “Sheriff’s Deputy Brian Irish was dispatched at 9:20 p.m. to the scene of the shooting and arrived about two minutes later. A second witness, Pedro Perez, was there when Irish arrived. About five minutes after his arrival, Irish spoke to Perez, who was calm but appeared upset. Perez was shaking slightly, his eyes appeared wide and his face was drawn. As he spoke he stuttered. He told Irish a Black man pulled Carranza’s body onto the pavement, got into Carranza’s car, and drove away. “Three days later, police found Carranza’s Buick parked near Hunter’s home. As police watched, Hunter arrived at the car with a second man, Damon Willis. Willis got into the passenger side, and Hunter began driving the Buick. Hunter and Willis are both African-American. Police searched the Buick and the home where Hunter