People v. Montano CA4/1

Filed 1/16/25 P. v. Montano CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D082529

Plaintiff and Respondent,

v. (Super. Ct. No. SCD274475)

ALFREDO MONTANO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Eugenia Eyherabide, Judge. Affirmed. Cynthia Grimm, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

A jury convicted Alfredo Montano and two co-defendants of first-degree

murder (Pen. Code,1 § 187, subd. (a)) in the killing of Sean Nixon. The trial court sentenced Alfredo to 25 years to life. On appeal, Alfredo’s appointed counsel filed a brief raising no arguable issues and requesting that we exercise our discretion to review the record for potential issues under People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders). We have independently reviewed the record and find no arguable issue that would result in a modification or reversal of the judgment. Accordingly, we affirm. FACTUAL AND PROCEDURAL BACKGROUND Alfredo’s brother, Glen Montano, operated an illegal game room in the garage at his and Alfredo’s house. Leaoaisemativa Sandoval worked in the game room as a money keeper. Joshua Barnum, Robert Garcia, and Vernon Ramos also worked there in different capacities. In the early morning of June 5, 2020, Glen, Alfredo, Sandoval, Barnum, Garcia, and Ramos were all in the game room at various times. Sean Nixon arrived at the game room around 4:00 a.m. and started smoking methamphetamine. After making lewd comments to a woman sitting next to him, at around 4:38 a.m., Nixon lunged at Sandoval and attempted to take her fanny pack, which had game room cash inside. After a struggle, Glen and others took Nixon outside of the garage, but he refused to leave the premises. Nixon was believed to be a Skyline Piru gang member, and at various times that night, he referenced being a member of that gang. Glen, Barnum, and Garcia talked to Nixon outside, and at one point Alfredo