People v. Veloz CA4/3

Filed 6/27/24 P. v. Veloz CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G062593

v. (Super. Ct. No. 05NF0836)

ROGELIO VELOZ, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, M. Marc Kelly, Judge. Affirmed. Siri Shetty, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. * * *

A jury convicted defendant Rogelio Veloz of one count of conspiracy to 1 commit murder (Pen. Code, §§ 182, subd. (a)(1), 187; count 1), two counts of attempted murder with premeditation and deliberation (§§ 187, subd. (a), 664; counts 2 & 3), one count of street terrorism (§ 186.22, subd. (a); count 5), one count of reckless evasion (Veh. Code, § 2800.2; count 6); and possession of a firearm by a felon (former § 12021, 2 subd. (a); count 7). The jury also found true allegations that counts 1, 2, 3, 6, and 7 were committed for the benefit of a criminal street gang (§ 182.22, subd. (b)(1)) and defendant vicariously discharged a firearm causing great bodily injury with regard to counts 1, 2, and 3 (§ 12022.53, subd. (d), (e)). The court sentenced defendant to a determinate term of 5 years and a consecutive indeterminate term of 40 years to life. In 2011, another panel of this court remanded the matter with directions to modify defendant’s sentence. (People v. Venegas, et al. (Feb. 15, 2011, G041958) [nonpub. opn.].) The trial court subsequently modified defendant’s sentence to life imprisonment with the possibility of parole consecutive to 25 years to life plus a determinate term of 5 years. In March 2022, defendant filed a petition for resentencing under former 3 section 1170.95 (now § 1172.6). The trial court summarily denied the petition, and defendant did not appeal that ruling. In December 2022, defendant filed another petition for resentencing under section 1172.6 asserting he was eligible for relief given recent authority. The trial court summarily denied defendant’s petition for resentencing. Defendant timely filed a notice of appeal. 1 All further statutory references are to the Penal Code unless otherwise stated. 2 Section 12021 was repealed and reenacted as section 29800, operative January 1, 2012. (Stats. 2010, ch. 711, § 4.) Count 4 concerned a codefendant. 3 Effective June 30, 2022, section 1170.95 was renumbered section 1172.6, with no change in text (Stats. 2022, ch. 58, § 10).