People v. Montoya CA4/3

FACTS

In May 1997, officers stopped Montoya’s vehicle because he was not wearing a seat belt. When the officers asked for his identification, Montoya told them that he was on active federal parole for a murder conviction. Officers searched the car and found 16 bindles containing approximately 23.9 grams of methamphetamine. A jury found Montoya guilty of transporting methamphetamine (Health & Saf. Code, § 11379, subd. (a)), and simple possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)). In December 1998, the trial court found Montoya had suffered three prior strike convictions, two convictions for murdering United States Border Patrol agents in July 1967, and one conviction for robbery in 1959. The court sentenced Montoya to prison for 25 years to life for the transportation conviction and stayed the sentence on the simple possession conviction pursuant to Penal Code section 654. In October 2015, Dr. Steven Paik recommended Montoya be considered for compassionate release. Paik reported Montoya, who was then 81 years old, had multifocal hepatocellular carcinoma. Prior cancer treatments were unsuccessful and Montoya was not a candidate for other treatments…