P. v. Montes CA4/3
Nearly a quarter century ago, appellant Juan Alexander Montes was convicted of attempted murder and other crimes he committed with his fellow gang members. When he more recently sought resentencing under Penal Code section 1170.95, the trial court denied his petition on the basis that section does not apply to the crime of attempted murder. That was true at the time the trial court made its ruling in 2019. However, as of January 1, 2022, new legislation makes section 1170.95 applicable to defendants who were convicted of attempted murder under the natural and probable consequences doctrine. As respondent concedes, this change requires that we reverse the trial court’s denial order and remand for further proceedings.
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