May 8, 2023 – People v. Montanez (4th Dist., Div. 1, D079296)

In an appeal from the denial of a PC 1172.6 petition following an evidentiary hearing, the Court of Appeal holds there was sufficient evidence to support the trial court’s finding that defendant was a major participant and acted with reckless indifference, where defendant did not initiate the criminal conduct but participated in it and did not try to stop it. The court emphasizes that, while defendant did not supply or handle any weapons, he was aware of one co-defendant’s history of violence, and the crimes unfolded over a 20-minute period.