People v. Montez CA3

Filed 3/15/24 P. v. Montez CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C099076

Plaintiff and Respondent, (Super. Ct. No. 16FE003182)

v.

RONALD MONTEZ,

Defendant and Appellant.

Defendant Ronald Montez appeals the denial of his Penal Code section 1172.61 petition for resentencing at the prima facie stage. He argues the trial court’s use of the stipulated factual basis for his plea amounted to impermissible discretionary factfinding, thus requiring reversal for an evidentiary hearing. We are unpersuaded. As we shall

1 Undesignated statutory references are to the Penal Code. Montez filed his petition under former section 1170.95. Effective June 30, 2022, the Legislature renumbered section 1170.95 to section 1172.6 with no change in the text. (Stats. 2022, ch. 58, § 10.) We will refer to the statute by its current section number.

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explain, because Montez stipulated to particularized facts at the change of plea hearing, establishing he personally stabbed and killed the victim, he cannot state a prima facie case for relief. Accordingly, we will affirm the trial court’s postjudgment order denying Montez’s resentencing petition. BACKGROUND In 2017, Montez was charged with murder (§ 187, subd. (a); count one) with an enhancement allegation that he personally used a deadly and dangerous weapon, a knife (§ 12022, subd. (b)(1)). Montez was the lone defendant, and there were no allegations concerning the involvement of others. In April 2018, Montez resolved the case by changing his plea from not guilty by reason of insanity to a plea of guilty of second degree murder (§ 187, subd. (a)) for a stipulated prison sentence of 15 years to life. While the plea agreement did not require Montez to admit to the deadly weapon use enhancement, the stipulated factual basis for his plea as relayed by the People was that “defendant and the victim Arthur Rodriguez got into an argument. The defendant then stabbed and killed Arthur Rodriguez.” In May 2018, the trial court sentenced Montez in accordance with his plea. It does not appear Montez appealed this judgment. Thereafter, in March 2023, Montez filed the instant form petition for resentencing under section 1172.6. The court appointed counsel, briefing ensued, and the trial court ultimately set the matter for a prima facie hearing. The prima facie hearing occurred on July 7, 2023. Montez’s attorney argued at length that an evidentiary hearing was needed because Montez’s plea agreement did not establish his ineligibility as a matter of law. Rather, he reasoned that Montez’s guilty plea with stipulated facts did not establish he was the only perpetrator for purposes of prima facie review because Montez did not personally admit those facts and admitting the general elements of second degree murder did not foreclose relief. The People disagreed, arguing the stipulated factual basis for the plea irrefutably established Montez stabbed