P. v. Montgomery-Gutzman CA3
A jury found defendant Taylor William Montgomery-Gutzman guilty of assault and second degree murder of K., a 22-month old child, and of permitting K.’s twin B., to suffer unjustifiable physical pain and mental suffering. Defendant was tried along with his former girlfriend and the twins’ mother, Rebecca Thomas. We have already affirmed Thomas’s judgment. (People v. Thomas (2021) 63 Cal.App.5th 612 (Thomas).) Before us now is defendant’s appeal, in which he contends the prosecutor committed several instances of prosecutorial error, while the trial court improperly admitted and excluded several items of evidence as well as erroneously instructed the jury. Disagreeing with every contention, we affirm the judgment of conviction. We, however, remand defendant’s case for the trial court to determine whether to exercise its newly granted discretion when sentencing defendant.
Comments on P. v. Montgomery-Gutzman CA3