People v. Velten CA2/6

California Court of Appeal May 23, 2023 No. B317248MUnpublished

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Holding. The court affirmed the denial of the defendant's petition for resentencing under Penal Code section 1172.6, finding sufficient evidence that the defendant was a major participant in the underlying felony who acted with reckless indifference to human life.

Issues

Whether there was sufficient evidence to support the trial court's finding that the defendant acted with reckless indifference to human life.
Whether the trial court committed Miranda error by considering statements made during the defendant's 2011 interrogation.
Whether the trial court erred by allowing the prosecution to rely on a felony murder theory to oppose the resentencing petition.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Substantial evidence supports the trial court’s findings that Velten was a major participant in the robbery and acted with reckless indifference to the victim’s life.”

“Reckless indifference ‘encompasses a willingness to kill (or to assist another in killing) to achieve a distinct aim, even if the [appellant] does not specifically desire that death as the outcome of his actions’”

Filed 5/23/23 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. ORDER MODIFYING JENNIFER ANN VELTEN, OPINION [No Change in Judgment] Defendant and Appellant.

THE COURT: It is ordered that the opinion filed herein on May 18, 2023, be modified as follows: 1. On page 4, second paragraph under DISCUSSION, the sentence beginning “The Legislature passed Assembly Bill 1437 . . . ,” the word “Assembly” is changed to “Senate” so the sentence reads: The Legislature passed Senate Bill 1437 in 2018 “to ensure that murder liability is not imposed on a person who is not the actual killer, did not act with the intent to kill, or was not a major participant in the underlying felony who acted with

reckless indifference to human life.” (Stats., 2018, ch. 1015, § 1, subd. (f); People v. Gentile (2020) 10 Cal.5th 830, 842.) There is no change in the judgment.

____________________________________________________________ GILBERT, P.J. YEGAN, J. CODY , J.

Filed 5/18/23 P. v. Velten CA2/6 (unmodified opinion)

People v. Velten CA2/6

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

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DIVISION SIX

JENNIFER ANN VELTEN,

CODY, J.

GILBERT, P.J.

YEGAN, J.

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