People v. Hunt CA3

I. BACKGROUND

In September 1980, a jury found defendant guilty of robbery (§ 211) and first degree murder (§ 187, subd. (a).) The jury found true a principal to the offense was armed with a firearm (§ 12022, subd. (a)(1)) and defendant personally used a firearm (§ 12022.5, subd. (a)). The jury also found a special circumstance that the murder was committed during a robbery. The trial court sentenced defendant to life in state prison without possibility of parole.

1 Defendant appealed and, in an unpublished opinion, we modified defendant’s sentence but otherwise affirmed the conviction in People v. Hunt (Mar. 9, 1982, 3 Crim. 11199) [nonpub. opn.].) In 2019, defendant filed a petition for resentencing under former section 1170.95 (now section 1172.6). (People v. Hunt (Apr. 12, 2022, C092335) [nonpub. opn.].) The trial court issued an order to show cause, conducted an evidentiary hearing, and denied the petition. (Ibid.) We affirmed denial of defendant’s petition. (Ibid.) The California Supreme Court granted review and transferred the case to us with directions to vacate our previous decision and reconsider the case in light of Senate Bill No. 775 (Stats. 2021, ch. 551).…