P. v. Montgomery
A jury convicted defendant and appellant Aaron Leroy Montgomery of assaulting a child over whom he had care and custody, by means of force likely to produce great bodily harm, resulting in death (Pen. Code,[1] 273a, subd. (b), count 1), and causing a child under his care and custody to be injured and inflicted unjustifiable pain and suffering ( 273a, subd. (a), count 2). The jury also found true the allegation that defendant personally inflicted great bodily injury on a child under the age of five, in the commission of count 1 ( 12022.7, subd. (d) and 1192.7, subd. (c)(8)). The trial court sentenced defendant to 25 years to life in state prison on count 1. The sentences on count 2 and the enhancement were stayed pursuant to section 654. On appeal, defendant contends the admission of his confession statements during a police interview violated his constitutional rights under Miranda v. Arizona (1966) 384 U.S. 436 (Miranda). Court affirm.
Comments on P. v. Montgomery