People v. Hunter CA4/3

FACTS

We adopt the facts from this court’s prior nonpublished opinion People v. Hunter (Mar. 30, 2000, G023774). “Scott Rezac was driving home around 9:20 at night when he saw someone approach a car and fire two or three fatal gunshots at the driver, Armando Carranza. Carranza’s car was a brown 1981 Buick. Rezac could not identify the shooter, but described him as a Black or Hispanic man wearing black pants and sneakers. Carranza’s Buick had been stopped at an intersection, and a black Pontiac was stopped behind it. Rezac described the cars as ‘similar [in] body style.’ Rezac saw the shooter come from the driver’s side of the Pontiac’s front fender area, crouch down, go to Carranza’s window, and fire the shots. “Sheriff’s Deputy Brian Irish was dispatched at 9:20 p.m. to the scene of the shooting and arrived about two minutes later. A second witness, Pedro Perez, was there when Irish arrived. About five minutes after his arrival, Irish spoke to Perez, who was calm but appeared upset. Perez was shaking slightly, his eyes appeared wide and his face was drawn. As he spoke he stuttered. He told Irish a Black man pulled Carranza’s body onto the pavement, got into Carranza’s car, and…