People v. Bludworth CA3

Filed 10/5/21 P. v. Bludworth CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(San Joaquin) ----

THE PEOPLE, C091249

Plaintiff and Respondent, (Super. Ct. No.

STKCRCNV19980016792)

v.

TIMOTHY LEE BLUDWORTH,

Defendant and Appellant.

Defendant Timothy Lee Bludworth appeals from a postjudgment order denying his petition for resentencing under Penal Code section 1170.95.1 Defendant argues the superior court erred by declining to issue an order to show cause because the court looked beyond his declaration to the jury’s felony-murder special circumstance finding in determining that he did not meet the prima facie requirements of section 1170.95. In a

Undesignated statutory references are to the Penal…