P. v. Montano CA2/4
Michael Anthony Montano appeals the trial court’s denial of his petition to vacate his convictions for murder and attempted murder under Penal Code section 1170.95 (Section 1170.95). Montano alleged that the jury convicted him of both crimes under the natural and probable consequences doctrine, which has since been invalidated as a basis for murder or attempted murder liability by Senate Bill No. 1437 (2017 2018 Reg. Sess.) (SB 1437). After issuing an order to show cause and holding an evidentiary hearing, the court denied the petition. The court principally reasoned that in light of certain language in the jury’s instruction on the elements of attempted murder, Montano’s convictions necessarily reflected a jury finding that Montano was guilty of both charged offenses under a direct aiding and abetting theory. With respect to the attempted murder conviction, the court additionally reasoned that Section 1170.95 did not apply to attempted murder. Section 1170.95 has since been amen
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