People v. Montoya CA3

Filed 8/31/22 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

(Sacramento) ----

THE PEOPLE, C094240

Plaintiff and Respondent, (Super. Ct. No. 13F00205)

v.

CARLITO MONTOYA,

Defendant and Appellant.

Defendant Carlito Montoya shot four people on New Year’s Eve during a confrontation that originated at a sports bar when another person at the bar spilled a drink. A jury found him guilty of two counts of first degree murder, one count of attempted premeditated murder, and one count of assault with a firearm. The jury also determined that these offenses were committed for the benefit of a street gang and that defendant used a firearm within the meaning of Penal Code sections 12022.53,

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