People v. Montes CA5

INTRODUCTION

Defendant Ermilo Garcia Montes stands convicted of three counts of lewd or lascivious acts committed against two victims under the age of 14 years: Penal Code section 288, subdivision (a) (section 288(a); counts 1, 2);1 section 288, subdivision (b)(1) (section 288(b)(1); count 3). The jury also found true special allegations that these crimes were qualifying offenses under section 667.61, subdivision (c) (section 667.61(c)), of the One Strike law with a multiple-victim aggravating circumstance alleged as to each count under section 667.61, subdivision (e) (section 667.61(e)). Defendant was originally sentenced to three consecutive terms of 25 years to life under section 667.61, subdivision (j)(2) (section 667.61(j)(2)). In resolving defendant’s first appeal, we ultimately vacated the judgment and remanded for resentencing; defendant was resentenced on October 30, 2024, to three consecutive terms of 15 years to life under section 667.61, subdivision (b). After resentencing, defendant filed a notice of appeal again, challenging the resentencing and requesting court-appointed counsel. Counsel was appointed to represent him on appeal, and filed a Wende2 brief. Defendant…