People v. Montano CA3

Filed 5/10/22 P. v. Montano 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C094078

Plaintiff and Respondent, (Super. Ct. No. 10F03010)

v.

JESUS CEJA MONTANO,

Defendant and Appellant.

Defendant Jesus Ceja Montano appeals the trial court’s order denying his petition for resentencing under Penal Code section 1170.95.1 Defendant contends the trial court erred in finding him ineligible for relief as a matter of law. Based, in part, on new legislation that applies retroactively to defendant’s case, the People concur that defendant is entitled to reversal and remand for further proceedings on one of his convictions. As

Undesignated statutory references are to the Penal Code.

1 we…