P. v. Montejano CA5
Salomon Montejano subjected the niece of his girlfriend to routine sexual molestation for seven years, from the time she was five years old until she was 12. He was convicted of a total of 11 counts and received a sentence of 145 years to life. In this appeal, he argues the evidence was insufficient to support five of the counts. He also maintains there were several errors in the jury instructions and a fine and penalty assessments, totaling $1,650, were unauthorized.
The People do not address the fine issue in their brief. We agree with Montejano that the fine in question was inapplicable, but striking that fine brings the correctness of the trial court’s calculation of other fines into question. It will be necessary to remand to allow the trial court to recalculate those other fines. We reject the remainder of Montejano’s arguments.
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