P. v. Montoya CA2/11
A jury convicted defendant and appellant Nathan Ruben Montoya of two counts of second degree robbery. (Pen. Code, § 211.) It also found true the allegation that defendant personally used a handgun during the commission of the robberies. (§§ 1203.06, subd. (a)(1); 12022.5, subd. (a); & 12022.53, subd. (b).) The trial court sentenced defendant to 19 years, four months in state prison. On appeal, defendant contends the court erred in instructing the jury with CALCRIM No. 315 that it could consider an eyewitness’s level of certainty in evaluating identification testimony. We affirm.
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