People v. Montgomery

BACKGROUND

The prosecutor charged Montgomery with forcible oral copulation (former § 288a, subd. (c)(2)(A) [renumbered § 287, subd. (c)(2)(A), eff. Jan. 1, 2019]; count one), injuring a domestic partner (§ 273.5, subd. (f); count two), false imprisonment by violence (§ 236; count three), assault with a deadly weapon (§ 245, subd. (a)(1); count four), and assault by means likely to produce great bodily injury (Id., subd. (a)(4); count five). The prosecutor alleged Montgomery personally inflicted great bodily injury in the commission of a felony sex offense on count one, and he inflicted great bodily injury under circumstances involving domestic violence on all counts. (§§ 667.61, subds. (a) & (d), 12022.7, subd. (e).) Under the terms of a plea agreement, Montgomery pled no contest to injuring a domestic partner, false imprisonment, and assault with a deadly weapon, in addition to admitting the great bodily injury enhancement as to those offenses. He also pled no contest to forcible oral copulation, and the prosecutor dismissed the sex offense enhancement and assault charge. Montgomery also admitted two prison priors within the meaning of former section 667.5, subdivision (b). The…