People v. Montoya CA3

Filed 9/10/24 P. v. Montoya CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C098144

Plaintiff and Respondent, (Super. Ct. No. 17FE010379)

v.

XAVIER ROBERT MONTOYA,

Defendant and Appellant.

Defendant Xavier Robert Montoya pled no contest to voluntary manslaughter in February 2019 after initially being charged with murder. On appeal Montoya claims the trial court erred in summarily denying his resentencing petition under Penal Code former section 1170.95, now section 1172.6.1 We conclude a person, like Montoya, who pled

1 Undesignated statutory references are to the Penal Code.

Effective June 30, 2022, the Legislature renumbered former section 1170.95 to section 1172.6 without…