P. v. Montue CA3
Following a jury trial, defendant Roger Nicholas Montue was convicted of two child molestation charges (Pen. Code, § 288, subd. (b)(1)) and as to each count, the court found true a One Strike law prior conviction (§ 667.61) and a prior serious felony conviction enhancement (§ 667, subd. (a)). (People v. Montue (Oct. 30, 2020, C087029) [nonpub. opn.].) The court sentenced defendant to an indeterminate term of 100 years, plus a determinate term of 10 years. On appeal, we affirmed the convictions but concluded under People v. Anderson (2020) 9 Cal.5th 946, defendant did not receive adequate notice the One Strike law would apply to both counts. Accordingly, we struck the One Strike sentence on count two and remanded the matter for resentencing on that count.
Comments on P. v. Montue CA3