People v. Whitehead CA3

Filed 12/6/21 P. v. Whitehead 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

(Sacramento) ----

THE PEOPLE, C093261

Plaintiff and Respondent, (Super. Ct. No. 08F03645)

v.

DAVID WHITEHEAD,

Defendant and Appellant.

Defendant David Whitehead appeals from the trial court’s order denying his petition for resentencing brought pursuant to Penal Code section 1170.95. 1 He argues the court erred in relying on a special circumstance finding to conclude no prima facie showing had been made, and by ruling defendant would need to challenge the special circumstance finding by habeas corpus petition prior to seeking section 1170.95 relief.

Further undesignated statutory references are to the Penal Code.

1 We disagree…