People v. Montano

In People v. Montano (1979) 96 Cal. App. 3d 221, the Court of Appeal affirmed a conviction of attempted murder where the defendant (Montano) conceded he had knowingly intended to aid and abet a "battery" perpetrated by his codefendants, and he "'expected some kind of injuries to result.'" ( Id. at pp. 225-227.) Like the Martinez case, Montano arose out of gang warfare. Acting under false pretenses that they were members of the street gang of which the victim was a member, Montano and a codefendant (Montez), who were members of a rival gang, enticed the victim into Montano's car by suggesting that they all go beat up the other gang. ( Id. at p. 224.) Once the victim was inside the car, Montano and Montez took him to an isolated spot. Montano stayed in his car, and Montez and another defendant (Delgadillo) forced the victim to walk to a vacant lot where Montez gave a gun to Delgadillo, who shot the victim at Montez's request. (Ibid.) The jury convicted Montano and Montez of attempted murder, and the Court of Appeal affirmed the judgments of conviction. ( Id. at pp. 223, 233.) With respect to Montano, the Court of Appeal held that substantial evidence supported the jury's finding that he aided and abetted the attempted murder. ( Id. at p. 227.)