Montes

Filed 10/7/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E075064

v. (Super.Ct.No. FV1012901)

LOUIS RAMON MONTES, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Michael A. Smith,

Judge. (Retired Judge of the San Bernardino Sup. Ct. assigned by the Chief Justice

pursuant to art. VI, § 6 of the Cal. Const.) Conditionally reversed with directions.

Cynthia M. Jones, under appointment by the Court of Appeal, for Defendant and

Appellant.

Xavier Becerra and Rob Bonta, Attorneys General, Lance E. Winters, Chief

Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Steve Oetting

and Anthony Da Silva, Deputy Attorneys General, for Plaintiff and Respondent.

1 In 2003, defendant and appellant Louis Ramon Montes was convicted of, inter

alia, the special circumstance murder of April Peake (the victim)—which he committed

when he was 17 years old—and he was sentenced to life without the possibility of…