People v. Montano CA1/5

BACKGROUND

In October 2021, appellant was charged by information with numerous sexual offenses against three minor victims: six counts of intercourse or sodomy with a child 10 years old or younger (§ 288.7, subd. (a)); six counts of oral copulation or sexual penetration with a child 10 years old or younger (§ 288.7, subd. (b)); and twelve counts of forcible lewd acts upon a child under the age of 14 (§ 288, subd. (b)(1)).

1 All undesignated statutory references are to the Penal Code.

1 In November 2023, appellant pled guilty, in exchange for a stipulated sentence of 38 years imprisonment, to four of the forcible lewd acts counts— two as to Jane Doe 1, one as to Jane Doe 2, and one as to Jane Doe 3. Appellant also admitted the aggravating factor that the victims were particularly vulnerable (Cal. Rules of Court, rule 4.421(a)(3)). Appellant acknowledged that victim restitution would be ordered and agreed to a Harvey2 waiver. At the December 2023 sentencing hearing, victim impact statements were made orally or in writing by Jane Doe 1; Jane Doe 1’s father, stepmother, and aunt; the grandmother of both Jane Doe 1 and Jane Doe 2; and Jane Doe 3’s mother. These statements described…