People v. Hunter CA4/2

INTRODUCTION

Originally charged with first degree murder along with her mother, in 2013

defendant and appellant Briuana Lashanae Hunter ultimately pleaded guilty to one count

of voluntary manslaughter (Pen. Code, 1 § 192, subd. (a)) and three counts of attempted

murder (§§ 664 & 187, subd. (a)). Defendant also admitted that a principal used a

firearm (§ 12022, subd. (a)(1)) during the commission of the voluntary manslaughter.

In 2019, defendant filed a petition for resentencing pursuant to section 1170.95.

The trial court denied the petition finding voluntary manslaughter and attempted murder

convictions were ineligible for relief under the statute, which was the correct result at the

time, and in a prior nonpublished opinion, People v. Hunter (Oct. 19, 2020, E073825)

(Hunter I), we affirmed the trial court’s order. The Legislature, however, since has

passed and the Governor has signed Senate Bill No. 775 (2020-2021 Reg. Sess.) (Senate

Bill 775), which makes clear that persons convicted of attempted murder and voluntary

manslaughter can seek resentencing relief. (Stats. 2021, ch. 551, § 2.)

Following the issuance of our prior opinion upholding the trial court’s…