In re Montes CA4/2
Defendant and petitioner Louis Ramon Montes was convicted in 2003 of special circumstances murder, along with related crimes, and was sentenced to life without possibility of parole (LWOP) for crimes committed when he was 17 years old. After the United States Supreme Court ruled that mandatory LWOP sentences for juveniles was prohibited in Miller v. Alabama (2012) 567 U.S. 460, 465 (Miller), the California Supreme Court ruled in People v. Franklin (2016) 63 Cal.4th 261 and In re Kirchner (2017) 2 Cal.5th 1040, that juveniles sentenced to LWOP were entitled to a hearing in order to have an opportunity to present information as to juvenile characteristics and circumstances. Montes filed a petition for writ of habeas corpus seeking such a hearing. We issued an order to show cause (OSC) why relief should not be granted. We now grant the petition in part and order the matter remanded with directions to the trial court to conduct a hearing at which Montes has the opportunity to present e
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