People v. Montes CA2/4

INTRODUCTION

Appellant Erick Montes appeals from resentencing following his petition under Penal Code section 1172.1.1 His appellate counsel filed a brief under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), and Montes filed a supplemental brief. We review the contentions Montes raises in his supplemental brief, and affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND

The facts of this case are in two previous nonpublished opinions, People v. Montes (May 21, 2015, B254824) (Montes I) and People v. Montes (July 7, 2023, B318207) (Montes II). In short, in April 2009, E.T.2 was driving his teenage daughter, B.T., home from her high school prom. While E.T.’s car was stopped at an intersection, Montes stopped his car next to E.T.’s and yelled at him. As E.T. began driving away, the occupants of Montes’s car opened fire. E.T.’s car was struck approximately 13 times. E.T. was struck in the leg and partially paralyzed. B.T. was not physically injured. (Montes I, supra.) The People filed a four-count information against Montes alleging the attempted willful, deliberate and premeditated murder of E.T. (§§ 664, 187, subd. (a), count 1); assault of B.T. with a semiautomatic…