People v. Zylstra CA4/1

Filed 8/31/21 P. v. Zylstra CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D078309

Plaintiff and Respondent,

v. (Super. Ct. No. FVA801416)

ALICE MARIE ZYLSTRA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Bernardino County, Ingrid A. Uhler, Judge. Affirmed. Tonja R. Torres, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Alan L. Amann and A. Natasha Cortina, Deputy Attorneys General, for Plaintiff and Respondent. In 2013, a jury convicted Alice Marie Zylstra of second degree murder arising from a death caused by her reckless driving while intoxicated (Pen.

Code,1 § 187, subd. (a)). She was also convicted of vehicular homicide with gross negligence (§ 191.5, subd. (a)). Zylstra was sentenced to an indeterminate term of 15 years to life in prison. Zylstra appealed, and this court affirmed the judgment in an unpublished opinion. (People v. Zylstra (July 14, 2015, D067474) nonpub.

opn.].)2 In 2019, Zylstra filed a petition for resentencing under section 1170.95. In the form petition she alleged she pleaded guilty to a murder charge that was based on either the felony murder rule or the doctrine of natural and probable consequences. The court failed to appoint counsel. The court did review the record of conviction and denied the petition by written order. The court stated: “Court is summarily denying the Petition for Resentencing. Defendant failed to make a prima facie showing that she falls within the provisions of PC1170.95.