People v. Montoya CA3

Filed 6/26/25 P. v. Montoya CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C101366

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

v.

CARLITO MONTOYA,

Defendant and Appellant.

This case returns to our court for the third time after we directed the trial court to resentence defendant Carlito Montoya in a prior appeal. (People v. Montoya (Aug. 31, 2022, C094240) [nonpub. opn.].) In this appeal, defendant contends the trial court imposed an unauthorized fine, failed to recalculate the time he has served in custody, and failed to correct an error in the abstract of judgment. The People contend the challenged fine was authorized but otherwise concede the errors and identify additional errors in the abstract of judgment. We agree with the People that the trial court properly imposed the

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parole revocation restitution fine. We order the court to recalculate defendant’s time in custody and prepare an amended abstract of judgment. FACTUAL AND PROCEDURAL BACKGROUND In 2016, a jury found defendant guilty of two counts of first degree murder; one count of willful, deliberate, and premeditated attempted murder; and one count of assault with a firearm. For the murders, the jury found defendant personally and intentionally discharged a firearm causing the victims’ deaths. For the attempted murder, the jury found defendant personally and intentionally discharged a firearm causing great bodily injury to the victim. The jury also found defendant personally used a firearm to commit the assault. For each count, the jury found defendant committed the offense for the benefit of, at the direction of, or in association with a criminal street gang. The jury also found true the special circumstance allegation that defendant committed multiple murders. The trial court sentenced defendant to a term of life in prison without the possibility of parole for each of the murders. It also sentenced him to 82 years to life plus 19 years for the other counts and the firearm enhancements. The court imposed a restitution fine of $10,000, plus a matching parole revocation restitution fine, and credited defendant for the time he had served in custody. On appeal, this court struck the jury’s gang enhancement findings and remanded for the trial court to resentence defendant and exercise its new discretion to strike or dismiss the firearm enhancements. (People v. Montoya (June 4, 2019, C082283) [nonpub. opn.].) On remand, the trial court declined to dismiss the firearm enhancements. (People v. Montoya (Aug. 31, 2022, C094240) [nonpub. opn.].) On the subsequent appeal, this court vacated defendant’s sentence and remanded for resentencing consistent with recently amended sentencing laws. (Ibid.) Following this most recent remand, the trial court again sentenced defendant to a term of life in prison without the possibility of parole for each of the murders, plus 25