People v. Hunt CA3

FACTS AND HISTORY OF THE PROCEEDINGS

The People request we take judicial notice of the unpublished opinion from defendant’s direct appeal, People v. Hunt (Mar. 9, 1982, 3 Crim. 11199) [nonpub. opn.] (Hunt), and we will grant the request to provide context for defendant’s petition. (Evid. Code, §§ 459, subd. (a), 452, subd. (d).) In our opinion, we described the underlying facts of defendant’s conviction: “On January 15, 1980, defendant and an accomplice, Michael Rinehart, accosted [the victim], the manager of a convenience market outside the store at about 4:30 p.m. [The victim] was carrying a bag containing the daily bank deposit of monies received from the previous 24 hours. Rinehart displayed a gun. [The victim] attempted to walk back to the store, whereupon shots were fired. Defendant shot [the victim] in the back and Rinehart shot him from the front. The cause of death was the bullet which entered [the victim’s] back. The bag with the money was taken by defendant and Rinehart who fled by car.” (Hunt, supra, 3 Crim. 11199.) The prosecution charged defendant with robbery (§ 211) and first degree murder in the course of the robbery (§ 187), and alleged firearm use…