People v. Cortez CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural background On May 1, 2024, the Monterey County District Attorney filed an amended information charging Sanchez Cortez with first degree murder (§ 187, subd. (a); count 1) and with assault by a life prisoner by means of force likely to produce great bodily injury (§ 4500; count 2). The amended information alleged that, as to count 1, Sanchez Cortez personally used a deadly or dangerous weapon (§ 12022, subd. (b)(1)). As to counts 1 and 2, the amended information alleged that Sanchez Cortez had previously been convicted of first degree murder (§ 190.2, subd. (a)(2)) and had six prior strike convictions (§§ 667, subd. (a)(1), 1170.12, subd. (c)(2)(A)). During trial, Sanchez Cortez admitted the six prior strike convictions (§§ 667, subd. (a)(1), 1170.12, subd. (c)(2)(A)) and his prior conviction for first degree murder (§ 190.2, subd. (a)(2)). The jury convicted Sanchez Cortez of first degree murder (count 1), finding true the allegations that he acted willfully, with premeditation and deliberation, and that he personally used a deadly weapon. The jury also found Sanchez Cortez guilty on count 2. On October 23, 2024, the court…