People v. Velasquez CA5
Opinion
Opinion
INTRODUCTION
Appellant and defendant Ervin Antonio Velasquez pleaded guilty to second degree murder and admitted the personal use of a firearm, pursuant to a negotiated disposition where he was sentenced to 15 years to life plus 10 years. He subsequently filed a petition for resentencing pursuant to Penal Code 1 section 1170.95, requested appointment of counsel, and asserted he was not the actual killer and had been convicted under the theories of felony murder and/or natural and probable consequences. The court did not appoint counsel, found appellant failed to state a prima facie case for relief, and denied the petition. On appeal, his appellate counsel filed a brief that summarized the facts with citations to the record, raised no issues, and asked this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) This court requested supplemental briefing to address the California Supreme Court’s interpretation of section 1170.95 in People v. Lewis (2021) 11 Cal.5th 952 (Lewis), and recent amendments to that statute. We will reverse the court’s order that denied the petition and remand the matter for further appropriate proceedings.