People v. Montana CA4/2

BACKGROUND

In 1986, Montana pled no contest to assault with intent to commit rape (§ 220),

kidnapping (§ 207, subd. (a)), and robbery (§ 211). The trial court sentenced him to three

years in state prison, consisting of two years for the assault with intent to commit rape

and an additional one year for the personal use of a deadly and dangerous weapon

(§ 12022, subd. (b)), a concurrent sentence of three years for the kidnapping count, and a

concurrent sentence of two years for the robbery count. In 1991, Montana pled guilty to

rape (§ 261), and the court sentenced him to 10 years in state prison.

In May 2000, the People filed an information alleging that Montana committed a

lewd or lascivious act upon a child under the age of 16 years and more than 10 years

younger than himself in violation of subdivision (c) of section 288. The information

further alleged that Montana served prior prison terms for the 1986 kidnapping

2 conviction and for the 1991 rape conviction. (§ 667.5, subd. (b).) The information also

alleged that Montana had previously been convicted of two serious and violent felonies:

one for the 1986 kidnapping conviction and the other for the 1991 rape…