P. v. Montano CA5
The appeal in this case follows defendant Adolfo Montano’s resentencing in accordance with our prior opinion. When he was 21 years old, defendant robbed three college students at gunpoint and fired his gun into the air twice. He was convicted by jury of three counts of second degree robbery and one count of being a felon in possession of a firearm (§ 29800, subd. (a)(1)) (count 4). The jury also found true that the crimes were committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)), and, as to counts 1 through 3, that defendant personally and intentionally discharged a firearm (§ 12022.53, subd. (c)). In a bifurcated proceeding, the trial court found true the two prior prison term enhancement allegations (§ 667.5, subd. (b)) and found true that defendant suffered a prior serious felony conviction (§ 667, subd. (a)(1)). The trial court sentenced defendant to a total aggregate term of 70 years in prison.
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