People v. Monteon CA4/2

INTRODUCTION

Defendant and appellant Julian Guzman Monteon, Jr., appeals the denial of a

petition seeking recall of his sentence pursuant to Penal Code1 sections 1172.1 and

1170.91. Defendant contends the court erred in summarily denying his petition without

appointing him counsel and holding a hearing. We affirm.

PROCEDURAL BACKGROUND

On November 25, 2015, the San Bernardino County District Attorney filed an

amended information charging defendant with criminal threats (§ 422, subd. (a), count 1),

first degree residential robbery (§ 211, count 2), kidnapping to commit another crime

(§ 209, subd. (b)(1), count 3), assault with a firearm (§ 245, subd. (a)(2), count 4), and

carjacking (§ 215, subd. (a), count 5). It was alleged as to counts 1 and 4 that defendant

personally used a firearm within the meaning of sections 1203.06, subdivision (a)(1), and

12022.5, subdivision (a). It was further alleged as to counts 2 and 3 that defendant used a

firearm within the meaning of section 12022.53, subdivision (b).

On December 3, 2015, defendant entered a plea agreement and pled no contest to

counts 2 and 5. As to count 2, he admitted the firearm use enhancement. (§…