People v. Velten CA2/6

Filed 5/18/23 P. v. Velten CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B317248 (Super. Ct. No. Plaintiff and Respondent, F000464362002) (San Luis Obispo County) v.

JENNIFER ANN VELTEN,

Defendant and Appellant.

Jennifer Ann Velten appeals a postjudgment order denying her petition for resentencing under Penal Code section 1172.6.1 Velten contends, among other things, there was insufficient evidence she acted with reckless indifference to human life. We affirm the order.

Appellant sought resentencing under former section 1

1170.95. Section 1170.95 was renumbered section 1172.6 effective June 30, 2022, with no changes in text. (Stats. 2022, ch. 58, § 10). Unspecified statutory references are to the Penal Code.

FACTUAL AND PROCEDURAL HISTORY Murder Conviction Victim Robert Uyeno worked in maintenance at the Farmhouse Motel in Paso Robles. He lived in an onsite bungalow consisting of two small adjoining rooms, a bedroom and kitchen area. Velten knew Uyeno and once stayed with him for a couple of days when she was having problems with an ex-boyfriend. One evening in 2011, Velten and two other women were exchanging stories about Uyeno. Velten said he had once tied her up while she was sleeping and assaulted her. One of the women claimed Uyeno had raped her and molested children. They both claimed he had locked them in his room against their will. One of the women added that he had taken her laptop computer because she owed him some money. Velten’s boyfriend and another man who were in the room overheard them and grew angry. The group formed a plan to rob Uyeno. Velten would visit Uyeno at the Farmhouse Motel that evening on the pretext of exchanging sexual services for drugs. Once inside his bungalow, she would leave the door unlocked and then text the others to let them know when it was okay to enter. Velten’s boyfriend and another man would then “beat the crap” out of Uyeno and take the laptop computer and his drugs. Velten went to the Farmhouse Motel and knocked on the bungalow door. Uyeno let her in. He began using drugs while she smoked cigarettes and looked at a laptop. Velten sent the text signaling the others to come. Velten’s boyfriend and a second man entered about 45 minutes later through the unlocked door. Velten saw them jump on Uyeno and tie him up. She also saw them attempt to choke him with a belt. The men beat and choked Uyeno before deciding to kill him. Velten waited in an adjoining room while her boyfriend stabbed Uyeno with an