People v. Montoya CA3

Filed 9/29/16 P. v. Montoya CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Yolo) ----

THE PEOPLE, C076708

Plaintiff and Respondent, (Super. Ct. No. CRF121637)

v.

ROBERT STEVEN MONTOYA,

Defendant and Appellant.

A jury convicted defendant Robert Steven Montoya of three counts of selling or offering to sell methamphetamine (Health & Saf. Code, § 11379, subd. (a)—counts 1, 3, & 19) and two counts of conspiracy to sell methamphetamine (Pen. Code, § 182, subd. (a)(1); Health & Saf. Code, § 11379, subd. (a)—counts 5 & 18).1 The jury acquitted defendant on all three counts of participation in a criminal street gang (Pen. Code, § 186.22, subd. (a)—counts 2, 4, & 21) and did not sustain any of the criminal street gang…