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Court of Appeal Reverses Denial of 1170.95 Petition to Allow for Application of SB 775

People v. Montes Docket: B312152 (Second Appellate District), Opinion Date: November 23, 2021. Defendant was convicted of two counts of attempted murder in violation of Penal Code sections 664 and 187, subdivision (a), and one count of mayhem in violation of section 203. In 2021, defendant filed a petition for resentencing pursuant to section 1170.95, which the trial court denied. While defendant's appeal was pending, the Governor signed into law Senate Bill No. 775. The Court of Appeal reversed the trial court's denial of his petition for resentencing. The court opted to apply the revised provisions set forth in SB 775 to defendant's case, concluding that the trial court's denial of defendant's petition based on its own determination that he was a major participant who acted with reckless disregard for human life was improper at the prima facie stage of his resentencing petition. Accordingly, the court remanded with directions to the trial court to permit the parties to brief whether defendant has established a prima facie basis for resentencing relief and, if so, to hold further proceedings consistent with section 1170.95, subdivision (c), after January 1, 2022, the effective date of SB 775.

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