Montoya

INTRODUCTION

Defendant John Joseph Montoya, formerly a physical therapist, was charged with sexual penetration by foreign object (Pen. Code,1 § 289, subd. (a)(1)(A) [count 1]), sexual penetration by foreign object of a person incapable of giving legal consent because of a mental disorder or developmental or physical disability (§ 289, subd. (b) [count 2]), sexual battery (§ 243.4, subd. (a) [count 3]), lewd conduct by a caretaker upon a dependent person by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person (§ 288, subd. (b)(2) [count 4]), and lewd conduct by a caretaker upon a dependent person (§ 288, subd. (c)(2) [count 5]). Pursuant to a plea agreement, he pled nolo contendere to count 5 and the remaining charges were dismissed. Defendant received a one-year jail sentence, of which 364 days were suspended, one day of credit for time spent in custody awaiting sentencing, and three years’ felony probation. He was also ordered to pay a $40 court operations assessment (§ 1465.8, subd. (a)(1)) and a $30 court facilities assessment (Gov. Code, § 70373). Defendant appealed. After the parties filed their initial…