Montoya

Enrique Montoya was found guilty of continuous sexual abuse of a child in violation of Penal Code section 288.5, subdivision (a), aggravated sexual assault of a child (oral copulation) in violation of section 269, subdivision (a)(4), aggravated sexual assault of a child (sodomy) in violation of section 269, subdivision (a)(3), aggravated sexual assault of a child (forcible penetration) in violation of section 269, subdivision (a)(5), and dissuading a witness from testifying in violation of section 136.1, subdivision (a)(1). He was sentenced to 64 years to life in prison: a.total indeterminate sentence of 45 years to life and a total determinate sentence of 19 years. Montoya appeals, arguing he was denied his Sixth Amendment rights because his counsel’s pretrial performance amounted to prejudicial ineffective assistance of counsel, which subsequently led to the admission of evidence from a witness he argues was likely incompetent. . .

Montoya also petitions for a writ of habeas corpus. In the petition, he contends he received ineffective assistance of counsel 'because his counsel failed to pursue a “taint hearing” to determine the complaining witness’s competency and…