People v. Velasquez CA4/1

Filed 1/12/23 P. v. Velasquez CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D080661

Plaintiff and Respondent,

v. (Super. Ct. No. SCS175592)

CARLOS TORREZ VELASQUEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Garry G. Haehnle, Judge. Affirmed. Carlos Torrez Velasquez, in pro. per.; and Athena Shudde, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. This appeal is from the denial of appellant’s second petition for

resentencing under Penal Code1 section 1172.6. In 2004, Carlos Torrez Velasquez was convicted of second degree murder (§ 187, subd. (a)). The jury also found that he personally and

1 All further statutory references are to the Penal Code.

intentionally discharged a firearm causing death (§ 12022.53, subd. (d)). He was the only person charged and was tried as the actual perpetrator of the homicide. Velasquez was sentenced to an indeterminate term of 40 years to life in prison. Velasquez appealed and this court affirmed his conviction in an unpublished opinion. (People v. Velasquez (Nov. 2, 2006, D045500).) In 2019, Velasquez filed a petition for resentencing under section 1172.6, which was denied on the grounds that he was not eligible for relief under the statute. In 2022, Velasquez filed his second petition for resentencing under section 1172.6. Among other contentions, Velasquez argued he was eligible for relief after the modifications made to section 1172.6 by Senate Bill No. 775. The court appointed counsel, reviewed the record of conviction, and again denied the petition without an order to show cause or an evidentiary hearing. The court stated: “In this case, Inmate Velasquez filed his first [section] [1172.6 ] petition on January 22, 2019. The petition was denied on February 22, 2019. The petition was denied because the defendant was found to be the actual killer. No appeal was filed on that denial.