P. v. Montalvan CA1/2
Defendant Gilberto Montalvan was convicted of forcible lewd act on a child under 14, five counts of lewd act on a child under 14, and witness dissuasion. He was sentenced to 14 years in state prison. On appeal, he asserts instructional error, ineffective assistance of counsel, insufficient evidence, multiple sentencing errors, and an improper restitution fine. Most of defendant’s arguments lack merit. We agree, however, that multiple sentencing orders were improper, specifically an order prohibiting contact with all minors, an order prohibiting defendant from owning and possessing firearms, and a $2,100 restitution fine. We thus affirm in part and reverse in part.
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