People v. Hunter CA2/6

Filed 2/27/23 P. v. Hunter CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B319599 (Super. Ct. No. 2003013782) Plaintiff and Respondent, (Ventura County)

v.

EDDIE HENRY HUNTER,

Defendant and Appellant.

Eddie Henry Hunter appeals a resentencing order made in response to a 2019 Department of Corrections and Rehabilitation (DCR) request to clarify portions of Hunter’s 2006 sentence. In 2006, Hunter was convicted of carjacking (Pen. Code,1 § 215), two counts of second degree robbery (§ 211), two counts of attempted second degree robbery (§§ 664, 211), false imprisonment (§ 236), and first degree residential robbery (§ 211). (People v. Hunter (May 10, 2007, B189699) [nonpub. opn.].) The jury found Hunter personally used a firearm in committing five of the seven

1 All statutory references are to the Penal Code.

offenses. (§ 12022.53, subd. (b).) Hunter fell within the purview of the “Three Strikes” law. (§§ 667, subds. (c)(2) & (e)(2), 1170.12, subds. (a)(2) & (c)(2).) The trial court sentenced him to an indeterminate term of 79 years to life plus a determinate term of 23 years 4 months. On resentencing, the trial court reduced Hunter’s sentence to an indeterminate term of 75 years to life. We conclude the court did not abuse its discretion by rejecting Hunter’s request to strike one of his strike convictions. We affirm. FACTS In 2003, Hunter committed a series of violent felonies. He carjacked a vehicle using a gun. He committed a robbery at the Bank of America using a gun. He entered an elderly woman’s house, struck her, and held her hostage. He was also convicted of attempted second degree robbery of two other people. Hunter was 39 years old when he committed these felonies. He was a third strike offender under the Three Strikes law. After his 2006 conviction after a jury trial, Hunter’s counsel at sentencing requested the trial court to grant a Romero motion to reduce his sentence. The court denied that request because 1) of the “nature of these crimes”; 2) Hunter committed them after he “was just released from prison”; and 3) of the “trauma” he caused to his victims. The court said, “This is about the scariest thing that I’ve had tried in my courtroom.” The court imposed an aggregate three strikes sentence of 102 years to life. Hunter appealed his conviction. He did not challenge his sentence. In 2007, we affirmed. (People v. Hunter, supra, B189699.) On July 19, 2019, the DCR sent a letter to the trial court requesting a “ ‘clarification of sentence.’ ” The People responded