CALIFORNIA IN BRIEF : SAN FRANCISCO : Court Asked to Void Montoya’s Sentence

Imprisoned former state Sen. Joseph Montoya’s corruption conviction should be overturned because of a new Supreme Court ruling, his lawyer said in arguments before a federal appeals court. The high court ruling, handed down May 23, restricts the use of the federal extortion statute in cases involving public officials. In essence, the Supreme Court said that to win a conviction, prosecutors must prove that a public official made an explicit promise to act in exchange for campaign contributions. Montoya’s fund-raising activities have been “mischaracterized” as extortion, said his lawyer, Jan Lawrence Handzlik. Assistant U.S. Atty. John Panneton said the conviction should be upheld, contending that the new ruling is so narrowly focused that it does not apply to Montoya’s case.