People v. Blount CA2/2

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 We affirmed the judgment in an unpublished opinion.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)

We largely draw these facts from our prior, unpublished opinion affirming defendant’s conviction. (People…