People v. Montejano CA3

BACKGROUND

In 2021, a jury found defendant guilty of assault on a child causing death, murder, and willfully causing harm or injury to a child under circumstances likely to produce great bodily harm or

Undesignated statutory references are to the Penal Code. 1 death (child abuse). The jury also found true the allegation that defendant personally inflicted great bodily injury on a person under the age of five. The jury found defendant not guilty of dissuading a witness. The trial court sentenced defendant to 25 years to life for assault on a child causing death, 15 years to life for murder, six years for child abuse, and six years for the great bodily injury enhancement. Pursuant to section 654, the trial court stayed execution of the sentences for murder and child abuse, including the attached enhancement. Defendant appealed the judgment, and this court affirmed his convictions but vacated his sentence and remanded for resentencing in light of recent amendments to section 654. (People v. Montejano (Oct. 5, 2022, C094578) [nonpub. opn.].) On remand, defendant described abuse he suffered as a child, his minimal criminal history, and his acceptance of responsibility for…