Filed 4/27/23 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA THE PEOPLE, D079771 Plaintiff and Respondent, v. (Super. Ct. No. INF066465 ) KRISSY LYNN WERNTZ, Defendant and Appellant. APPEAL from an order of the Superior Court of Riverside County, John D. Molloy, Judge. Affirmed. Siri Shetty, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Arlene A. Sevidal, Randy Einhorn, and Andrew Mestman, Deputy Attorneys General, for Plaintiff and Respondent. Krissy Lynne Werntz sought resentencing under Penal Code1 section 1172.6 (formerly section 1170.95).2 After holding an evidentiary hearing, the trial court denied the petition, finding that the prosecution proved beyond a reasonable doubt that Werntz committed murder by failing to protect her daughter. Werntz contends there is insufficient evidence to support the court’s findings. She asks us to review the denial of her petition de novo because there was no live testimony, and she alternatively contends there was not substantial evidence to support the court’s factual conclusions. She also argues that the trial court’s order cannot be affirmed based on a finding of aiding and abetting implied malice murder because such a theory is not valid under current law. We conclude the proper standard of review is substantial evidence, and we find that substantial evidence supports the trial court’s conclusion that Werntz failed to protect her child and is guilty of second degree murder. In addition, we reject Werntz’s contention that aiding and abetting implied malice murder no longer exists under California law. We therefore affirm the order. PROCEURAL AND FACTUAL BACKGROUND On September 14, 2009, the Riverside County District Attorney filed an indictment charging Werntz, in count 2, with the second degree murder of 1 Statutory references are to the Penal Code unless otherwise specified. 2 Assembly Bill No. 200 (Stats. 2022, ch. 58, § 10) renumbered section 1170.95 to 1172.6, effective June 30, 2022. 2 Montana H., in violation of section 187, subdivision (a).3 On April 8, 2014, a jury found Werntz guilty as charged. The court sentenced Werntz to prison for a term of 15 years to life. Werntz appealed, and we affirmed her conviction in an unpublished opinion filed February 3, 2016. (People v. Werntz (Feb. 3, 2016, D069075).) On January 11, 2019, Werntz filed a form petition for resentencing under section 1172.6. The court appointed counsel and received briefing. The court thereafter found Werntz had not stated a prima facie case for relief and summarily denied the petition. Werntz appealed the denial of her petition, and this court reversed the applicable order in an unpublished opinion filed on March 11, 2021. (People v. Werntz (Mar. 11, 2021, D077845).) After remand, the trial court issued an order to show cause. On November 23, 2021, the trial court held an evidentiary hearing. At that hearing, the court detailed the trial testimony it had reviewed, including going through the various witnesses at trial. …
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