Montano

People v. Montano

Bad Law
1992 Cal. App. LEXIS 595·6 Cal. App. 4th 118·8 Cal. Rptr. 2d 136·92 Daily Journal DAR 6229·92 Cal. Daily Op. Serv. 3996
Court of Appeal of CaliforniaMay 7, 1992F015130California1,617 words

Opinion

Opinion

Thaxter, J.

In separate jury trials, appellants Jorge O. B. Montano, also known as George Montano, and Vicente Saldias, Jr., were convicted of offering to transport or sell cocaine, a violation of Health and Safety Code sections 11055, subdivision (b)(6), and 11352 (count 1), and conspiracy to transport or sell cocaine, a violation of Penal Code section 182, subdivision (a)(1) (count 2). Saldias was also convicted of resisting and/or obstructing a peace officer in the performance of his duties, a violation of Penal Code section 148 (count 4).

Montano was denied probation and sentenced to the midterm of four years on count 1 and to the midterm of four years on count 2, which was then stayed pursuant to Penal Code section 654. Montano was given credit for 131 days’ time served and 64 days’ good conduct credit. He was also ordered to pay $200 to reimburse the county for the cost of preparing the probation report.

Saldias was denied probation and sentenced to the midterm of four years on count 1 and the midterm of four years on count 2. The term on count 2 was stayed pursuant to Penal Code section 654. A six-month jail term was imposed on count 4 to be served concurrent to the term…

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