People v. Montgomery CA6

I. FACTS AND PROCEDURAL BACKGROUND

A. Procedural History On October 14, 2020, the Santa Clara County District Attorney filed an information charging Montgomery with one count of inflicting corporal injury upon Julie Doe, a person with whom Montgomery had a dating relationship, while having a specified prior conviction within seven years (Pen. Code, § 273.5, subds. (a), (f)(1);1 count 1).2 The information further alleged that Montgomery had inflicted great bodily injury (GBI) upon Julie Doe under circumstances involving domestic violence (§§ 12022.7, subd. (e), 1203, subd. (e)(3)) (hereafter, GBI allegation). In March 2021, a jury found Montgomery guilty as charged and found true the GBI allegation. In May 2021, the trial court sentenced Montgomery to eight years in prison, comprising the upper term of five years for count 1 and a three-year sentence enhancement for the GBI allegation. B. Evidence Presented at Trial 1. Prosecution Evidence Julie and Montgomery dated “off and on” for about one year prior to September 20, 2020.3 On that date, Julie and Montgomery were staying at his cousin’s home in San Jose. Early on September 20, Julie and Montgomery argued while driving and Julie…