People v. Hunter CA2/7

Filed 11/15/22 P. v. Hunter CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B317637

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA087132-02) v.

CURTIS MAURICE HUNTER,

Defendant and Appellant.

APPEAL from a postjudgment order of the Superior Court of Los Angeles County, Sean D. Coen, Judge. Affirmed. Daniel Milchiker, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Scott A. Taryle, Supervising Deputy

Attorney General, and Daniel C. Chang, Deputy Attorneys General, for Plaintiff and Respondent. ________________________ Curtis Maurice Hunter, convicted in 2007 on two counts of attempted willful, deliberate and premeditated murder, appeals the summary denial of his petition for resentencing pursuant to 1 Penal Code section 1172.6 (former section 1170.95). Although the superior court erred in failing to appoint counsel for Hunter and to allow briefing before determining whether Hunter was ineligible for relief as a matter of law, that error was harmless 2 because the record of conviction establishes that Hunter was not found guilty of attempted murder under any theory of liability affected by the amendments to the law of murder made by Senate Bill No. 1437 (Stats. 2018, ch. 1015) (Senate Bill 1437). We affirm.

1 Effective June 30, 2022, Penal Code section 1170.95 was renumbered section 1172.6 with no change in text. (Stats. 2022, ch. 58, § 10.) All further statutory references are to the Penal Code. 2 We construed the Attorney General’s request for judicial notice of the record in Hunter’s direct appeal (People v. Hunter, B205552) as a motion to augment the record pursuant to California Rules of Court, rule 8.155(a)(1)(A) and granted the motion, incorporating by reference the clerk’s and reporter’s transcripts that comprise the record in the prior appeal as part of the record in the instant appeal.