People v. Montez CA3

BACKGROUND

In 2017, Montez was charged with murder (§ 187, subd. (a); count one) with an enhancement allegation that he personally used a deadly and dangerous weapon, a knife (§ 12022, subd. (b)(1)). Montez was the lone defendant, and there were no allegations concerning the involvement of others. In April 2018, Montez resolved the case by changing his plea from not guilty by reason of insanity to a plea of guilty of second degree murder (§ 187, subd. (a)) for a stipulated prison sentence of 15 years to life. While the plea agreement did not require Montez to admit to the deadly weapon use enhancement, the stipulated factual basis for his plea as relayed by the People was that “defendant and the victim Arthur Rodriguez got into an argument. The defendant then stabbed and killed Arthur Rodriguez.” In May 2018, the trial court sentenced Montez in accordance with his plea. It does not appear Montez appealed this judgment. Thereafter, in March 2023, Montez filed the instant form petition for resentencing under section 1172.6. The court appointed counsel, briefing ensued, and the trial court ultimately set the matter for a prima facie hearing. The prima facie hearing occurred on July…