P. v. Montes
Filed 2/15/06 P. v. Montes CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
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THE PEOPLE, Plaintiff and Respondent, v. VICENTE MONTES, Defendant and Appellant. | C049884
(Super. Ct. No. 04F11109)
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Defendant Vicente Montes entered a negotiated plea of no contest to forcible commission of a lewd and lascivious act with a child under age 14 (Pen. Code, § 288, subd. (b)(1)[1]--count one) and threatening to commit a crime that will result in death or great bodily injury (§ 422--count eleven). He admitted that he was armed with a firearm (§ 12022, subd. (a)(1)) in the commission of count eleven. In exchange, nine counts of lewd and lascivious acts were dismissed.
Defendant stipulated to the following sentence: On count eleven, â€