People v. Blount CA2/2

Filed 9/9/21 P. v. Blount CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B309623

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA174239) v.

PAMELA YVETTE BLOUNT,

Defendant and Appellant.

THE COURT:

Pamela Yvette Blount (defendant) appeals the trial court’s 1 denial of her motion for relief under Penal Code section 1170.95. Defendant’s attorney filed a brief raising no issues and asked this

1 All further statutory references are to the Penal Code.

court to independently review the record. Having conducted our own examination of the record, we are satisfied that no arguable issue exists which would call into question defendant’s ineligibility for resentencing relief under section 1170.95. We accordingly affirm the trial court’s order. FACTUAL AND PROCEDURAL BACKGROUND 2 I. Facts A. The underlying crime One evening in September 1998, defendant pursued Jerry Hunter into an alley and, after he fell to the ground, defendant stabbed him in the back and chest while proclaiming, “I hate you, Jerry.” During an interview with police, defendant explained that she stabbed Jerry in self-defense, but recalled that she had also previously stabbed a former live-in lover. B. Conviction and appeal At defendant’s trial in July 1999, “the act of stabbing was conceded, but whether it was an offensive or defensive act was undetermined.” The jury convicted defendant of second degree murder for the killing of Jerry (§ 187, subd. (a)), and she was sentenced to 15 years to life. We affirmed the judgment in an unpublished opinion. II. Procedural Background On January 23, 2020, defendant filed a petition seeking resentencing under section 1170.95. In the form petition, defendant checked the boxes for the allegations that (1) the prosecution proceeded “under a theory of felony murder or murder under the natural and probable consequences theory,” (2)