People v. Montoya CA2/2

BACKGROUND

Procedural history Defendant was charged with forgery in violation of Penal Code section 476 (count 1),1 and possession of a counterfeit seal impression in violation of section 472 (count 2), both felonies. The information further alleged that defendant had suffered a serious or violent felony conviction within the meaning of the “Three Strikes” law (§§ 667, subd. (b)-(i), 1170.12, subd. (a)-(d)), and had served two prior prison terms within the meaning of section 667.5, subdivision (b). The jury convicted defendant of count 2 as charged, but was unable to reach a verdict on count 1. A mistrial was granted as to count 1, which was thereafter dismissed. Defendant admitted his prior convictions and the trial court struck the two prior prison term allegations for purposes of sentencing. On November 6, 2013, the trial court sentenced defendant to the low term of 16 months in prison, and doubled the term as a second strike to 32 months.2 Defendant was given a total of 358 days of presentence custody credit and ordered to pay mandatory fines and fees. Defendant filed a timely notice of appeal from the judgment. Prosecution evidence On February 9, 2013, Whittier Police…