In re Montgomery

I.

BACKGROUND

In a joint trial with codefendant Matthew Henderson in 2008, a jury found Montgomery guilty of two counts of conspiracy to commit robbery and one count each of robbery, attempted robbery, and possession of a firearm by a felon; found true firearm and gang enhancement allegations; and found true Montgomery had two prior juvenile adjudications that constituted strikes under the “Three Strikes” law. The trial court sentenced Montgomery to prison for an aggregate term of 61 years to life. On appeal, this court reversed the robbery conviction and related conspiracy conviction, struck the prison terms and enhancements imposed on those convictions, and thereby reduced the prison term to 26 years to life. (People v. Henderson (Oct. 5, 2010, D054493) [nonpub. opn.].) In January 2024, Montgomery sent the trial court a “declaration” “raising RJA habeas claims.” He alleged, “The prosecution sought more severe charges against [him] than against members of another race, ethnicity, or national origin.” (See Pen. Code, § 745, subd. (a)(3); undesignated section references are to this code.) Montgomery also alleged, “The court imposed a longer sentence on [him] than against members…