People v. Montes CA2/6

FACTS

Rene Francisco Montes was convicted by a jury of three counts of unauthorized use of personal identifying information. (§ 30.5, subd. (a)) (counts 1-3). In a bifurcated proceeding, Montes admitted six prior strikes pursuant to the Three Strikes law. (§§ 667, subds. (c)-(e); 1170.12, subds. (a)-(c)) and two out- on-bail allegations (§ 12022.1, subd. (b)). On count 1, the trial court sentenced Montes to the middle term of two years, doubled to four because of the prior strike, plus a consecutive two years for the out-on-bail enhancement, for a total of six years. On counts 2 and 3, the court struck the prior strike enhancement and sentenced Montes to six-year terms consisting of the two-year middle term doubled to four plus two years for the out-on-bail enhancements concurrent with count 1.

DISCUSSION

I. Out-on-Bail Enhancements

The People concede the out-on-bail enhancements constitute an unauthorized sentence and must be stricken. The offenses for which Montes was out on bail had resulted in misdemeanor pleas prior to the commission of the current offenses. Section 12022.1, subdivision (b) provides: “any person arrested for a secondary offense that was alleged to have…