People v. Hunt CA5

INTRODUCTION

In August 2021, defendant Jerrollyn Raye Hunt was arrested and charged with the shooting death of Javontae Green. In September 2022, the jury rejected the charge of willful, deliberate and premeditated murder, but convicted defendant of second degree murder with a firearm enhancement. (Pen. Code, §§ 187, subd. (a), 189, subd. (b), 190, subd. (a), 12022.53, subd. (d).)1 Defendant was subsequently sentenced to 15 years to life for murder with a consecutive term of 25 years to life for the firearm enhancement. She timely appealed. On appeal, defendant claims that her conviction for second degree murder is not supported by substantial evidence of malice aforethought, which entitles her, as a matter of law, to either reversal of the conviction based on self-defense or reduction of the conviction to voluntary manslaughter based on imperfect self-defense or heat of passion. She also claims that during supplemental closing argument, which was intended to clarify the issues of sudden quarrel and heat of passion, the prosecutor misstated the law concerning provocation, resulting in prejudicial error. Anticipating the issue of forfeiture, defendant claims that if her claim was…