P. v. Montelongo CA4/1
Estevan Steve Montelongo was found guilty of the first degree murder of his girlfriend, Michelle Hashtani (Pen. Code, § 187, subd. (a)). The jury returned a true finding on an allegation that, in the commission of the murder, he personally and intentionally discharged a firearm and proximately caused death to a person (§ 12022.53, subd. (d)). The trial court also found true an allegation that he suffered a prior conviction for aggravated assault with a deadly weapon, which constituted a serious felony conviction (§ 667, subd. (a)(1)) and a prior strike (id., subds. (b)–(i)). The court sentenced Montelongo to prison for 75 years to life, plus 5 years.
Montelongo appeals the judgment and claims the trial court misunderstood the scope of its authority to strike the section 12022.53, subdivision (d) firearm enhancement and, in its place, impose a lesser uncharged firearm enhancement under section 12022.53, subdivisions (b) or (c).
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